Atlantic City Casino Workers Sue State Over Smoking Laws

After years of fruitless efforts to persuade lawmakers to implement a ban on smoking in Atlantic City casinos, frustrated workers decided to take a different approach on Friday. Their new strategy includes filing a lawsuit to challenge a law that uniquely excludes casino employees from the protections of a Clean Workplace Air Act.

Initiated by the United Auto Workers, advocating for employees at Bally’s, Caesars and Tropicana casinos, alongside a coalition of casino personnel advocating against smoking in their workplaces, the legal action was submitted to the state Superior Court, contesting New Jersey’s indoor clean air legislation.

Despite being in effect for 18 years, the law effectively prohibits smoking in nearly all indoor workplaces, with one notable exception: casinos. The lawsuit aims to challenge this exemption on constitutional grounds, including the principle of equal protection under the law.

Gathering outside the courthouse where the lawsuit was filed, workers expressed their determination to push for a smoking ban within the casinos, leveraging new tactics in the face of legislative inertia.

Key developments include:

• The lawsuit’s filing by UAW and casino workers challenging New Jersey’s Clean Workplace Air Act.

• Growing frustration among casino employees after years of inaction by lawmakers.

• The call for equal workplace health protections under state law.

Lamont White, a dealer at Borgata casino and a key figure in the employee anti-smoking movement, declared a decisive shift. Having extended cooperation in vain, they now present formidable resistance against the status quo.

The contentious issue of smoking bans isn't confined to Atlantic City's casinos; it's a hot topic resonating across several states, where workers voice concerns about the hazards of secondhand smoke.

Similar debates are emerging in:

• Rhode Island

• Pennsylvania

• Kansas

• Virginia

Ray Jensen Jr., assistant director of the local UAW office, emphasized a change in approach, indicating that if the legislators in Trenton fail to fulfill their responsibilities, they will pursue legal action to address the issue.

On the other hand, Mark Giannantonio, president of the Casino Association of New Jersey and Resorts Casino, refrained from commenting on the lawsuit.

However, the association's stance against a smoking ban stems from concerns about maintaining Atlantic City's competitiveness against neighboring states that permit smoking.

The lawsuit targets Democratic Gov. Phil Murphy and the state’s acting health commissioner. While Murphy's office remained silent on the matter, he has expressed willingness to sign a smoking ban if passed by the Legislature.

Earlier in the week, Donna DeCaprio, president of Local 54 of the Unite Here casino workers union, cautioned lawmakers against exacerbating Atlantic City's existing struggles, particularly in light of the ongoing challenges faced by the core gambling business due to the decline in in-person gambling revenue.

Union concerns center on:

• Potential job losses and economic downturns if a smoking ban is implemented.

• The threat of casino closures amid declining brick-and-mortar revenues.

• The reliance of some casinos on online gambling and sports betting to stay afloat.

State Senator John Burzichelli proposed a compromise bill allowing limited smoking areas on casino floors, but workers pushing for a full ban rejected it. US Representative Andy Kim supports the workers' cause, emphasizing the need for smoke-free workplaces, drawing a comparison to the US Capitol.

The battle for a smoke-free Atlantic City continues — shifting from legislative halls to the courtroom, as casino workers fight for clean air and equal protection under the law.