The issue of smoking in New Jersey casinos is heading back to court. A state appeals court ruled this week that a lower court must rehear a case about the casino industry’s exemption to the state’s indoor smoking ban.
Plaintiffs in the case have argued that the exemption from the 2006 Smoke-Free Air Act violates the state constitution. The appellate court ruled that the judge in the case mishandled considering economic studies and legal tests in the case.
Legal Fight Continues
In 2024, a group of casino workers filed suit to force casinos to ban smoking. Later the same year, the judge dismissed the lawsuit, arguing that the suit had little merit based on current law.
The appeals court ruled that the lower court erred on several fronts. Those included improperly applying a “rational-basis test” rather than broader legal standard based on the state constitution’s equal protection provisions.
Additionally, the court said the ruling improperly used industry-produced studies on the potential negative effects of banning smoking. The appellate panel found that those findings should be weighed against other evidence.
“On remand, the court shall allow the record to be developed and litigated to address the hotly contested projections of revenue loss … and for the court to make appropriate findings of fact concerning the reliability and credibility of the competing expert projections,” the appeals judges said.
The case will now continue with new evidence and witness testimony. Proponents of a complete ban argue that smoking exposes dealers and other workers to a toxic atmosphere.
In 2024, the state supreme court rejected hearing the case and kept the issue in lower courts. Efforts to enact a complete smoking ban also came up short in the state Legislature in 2023.
Views Mixed Among Casino Workers
Not all casino workers are on board with a complete casino smoking ban. Critics believe that prohibiting guests from lighting up could lead to revenue and job losses in the industry.
A 2002 University of Connecticut study appears to back that up. It found a correlation between smoking and increased gambling activity. Smoking ban opponents also claimed that smoking is currently allowed on only 25% of the casino floor.
“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,” Unite Here Local 54 President Donna DeCaprio said in 2024. The union represents Atlantic City’s largest group of casino workers.
“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.”
