With legislative efforts stalled in New Jersey, supporters of a complete smoking ban in Atlantic City casinos filed a lawsuit on Friday to overturn an exemption for the industry in the state’s clean air act.
The suit comes after proponents of a complete ban have worked with the state legislature to protect workers from a smoky environment the last three years. The law only allows smoking in 25% of the casino floor, but those areas aren’t separated and anti-smoking advocates are pushing for a complete ban. Some casino workers rallied outside the state Superior Court where the lawsuit was filed, expressing their support of a smoking ban.
“Today, we get off our knees and stand up!” Lamont White, a dealer at the Borgata, told the Associated Press. “We offered them the carrot, and now they get the stick!”
Details on the Lawsuit
Some casino workers have expressed concern with secondhand smoke while on the job. Gov. Phil Murphy (D) and the state health commissioner are named in the suit, even though Murphy has said he would sign legislation calling for a casino smoking ban.
Proponents have been vocal about their opposition to smoking in casinos over the last few years. Members of C.E.A.S.E. (Casino Employees Against Smoking’s Effects) and other casino union members even protested recently at a New Jersey Senate Health Committee meeting by lighting up some cigarettes over their own before being removed.
Despite the opposition, this hasn’t been an easy issue for workers, the casino industry in the state, or legislators. Some lawmakers and casino industry insiders have sought a compromise with calls for a phased-in ban approach, special filtration systems, and enclosed smoking-only venues located within casinos.
Supporters of a ban quickly rejected those plans. Other casino workers and industry leaders believe a ban would hurt business and cost some employees their jobs in the long run.
“It is clear that more and more people realize that the bill, as drafted, will have a significant adverse effect on Atlantic City’s economy,” the Casino Association of New Jersey (CANJ) noted in a statement in January. “A broad coalition of stakeholders – workers, seniors, people with disabilities, civil rights organizations, labor, business, community leaders, and a number of legislators – oppose this legislation, recognizing that it will hurt working-class people, endanger thousands of jobs and jeopardize the millions of dollars in tax revenue dedicated to New Jersey’s seniors and people with disabilities.”
Not an Easy Issue
While the United Auto Workers, which represents casino workers at Bally’s, Caesars, and Tropicana, supports the new lawsuit and smoking ban, other employee groups do not. The concern about the economic impact and potential job loss came even more into focus last week.
Unite Here Local 54 represents the largest group of casino workers in Atlantic City and the group’s president, Donna DeCaprio, noted that leaders in state government should be greatly concerned about the falling in-person revenue numbers at the city’s casinos.
DeCaprio told the Press of Atlantic City that the decline in live casino revenue from February “confirms what those of us have been warning about over the past year — that attendance in our brick-and-mortar buildings is going in the wrong direction. It is incredibly troubling to see that six of the nine gaming properties have posted declines of casino-win compared to February 2023 and year-to-date compared to 2023.”
In February, the state’s nine casinos saw live gaming revenue drop 1.6% compared to the same month in 2023 to $211.6 million with year-to-date numbers also off 2.4% to $416.3 million. This followed a 3.1% drop in January to $205 million, compared to $211.7 million in January 2023.
DeCaprio said that legislators in Trenton shouldn’t be considering legislation that might further hurt the industry and put workers’ jobs in jeopardy.
“As lawmakers continue to proceed with the annual state budget process, representatives in the New Jersey Legislature must understand the perilous economic situation at hand for my members, and indeed all workers in Atlantic City,” DeCaprio said. “Not only is the overall in-person revenue troubling — but the size of the declines at some of the individual properties portends some serious instability for thousands of workers. The legislators need to take this into consideration as they consider policies that could compound the downward trends.”
Resorts casino President Mark Giannantonio, who also heads up the CANJ, has yet to comment on the lawsuit, but earlier predicted that enacting the smoking ban would result in a further negative financial impact for Garden State casinos. There are now numerous states allowing legalized casinos in the Northeast, and many of those allowing smoking on-site. Giannantonio believes this would put Atlantic City at an economic disadvantage.
