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The battle over smoking in Atlantic City casinos was ramped up last week with proponents of a complete ban filing a lawsuit to reverse an exemption for the industry in the state’s clean air act.
Proponents argue that workers shouldn’t be subjected to secondhand smoke and the suit comes after legislative efforts have stalled. Current law allows for smoking in only 25% of a casino, but that area doesn’t have to be separate from non-smoking areas. Some casino workers believe it’s time for a change.
“If the legislators in Trenton won’t do their jobs, we’re going to take the decision out of their hands and into a courtroom,” assistant director of the local United Auto Workers (UAW) office Ray Jensen Jr. told the Associated Press. The union represents casino workers at Bally’s, Caesars, and Tropicana casinos.
Issue Continues To Divide Industry
Efforts to make all smoking in casinos illegal have been underway in the state legislature over the last three years but have yet to come to fruition. The lawsuit is part of some new tactics supporters of a ban say they are employing.
The lawsuit, which names Gov. Phil Murphy (D) and the state health commissioner as defendants, seeks to have the exemption ruled unconstitutional on equal protection and other grounds, according to attorneys representing the supporters. Murphy has said he would sign a ban into law if a bill reached his desk.
Not all casino workers agree with banning smoking at casinos, however. Unite Here Local 54 President Donna DeCaprio, representing the city’s largest group of casino workers, recently sounded the alarm on falling in-person gaming revenue numbers the Atlantic City’s casinos have seen over the last few months.
DeCaprio argues that now is not the time to be enacting laws that would further hurt gambling revenue that could affect the city’s economy and union members’ jobs.
“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,” she 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.”
Some in the industry have sought compromises for the smoking issue, including a phased-in approach, the installation of special air filtration systems, and enclosed gaming areas that allow smoking. So far, those efforts have been met with opposition from anti-smoking supporters.
“This is not the time to enact laws, such as a full smoking ban, that will further erode customer visitation and revenues to our properties,” Casino Association of New Jersey President Mark Giannantonio recently told the Press of Atlantic City.