Atlantic City Workers Renew Push to End Indoor Smoking, Go Back to Court

Atlantic City casino workers are back in court, pushing a fight that has stretched across five years. The goal stays simple. End indoor smoking on casino floors and close a gap in state law that workers say leaves them exposed while nearly everyone else stays protected.

Good to Know

• A legal challenge targets a casino exemption in the Smoke Free Air Act of New Jersey
• Workers argue secondhand smoke spreads across entire casino floors
• The case returned to an appeals court after a lower court loss

A rally followed the court hearing in Trenton, bringing workers, union leaders, and advocates together as the legal fight entered a new phase.

Appeals Court Takes Up Casino Smoking Challenge

A three judge panel in Trenton heard arguments tied to a lawsuit that asks the state to remove the casino smoking exemption from the Smoke Free Air Act of New Jersey. Casino employees say the carveout violates the Constitution of New Jersey by granting special treatment to casino corporations.

Under current rules, smoking remains legal on up to 25 percent of casino floors in Atlantic City. Workers say those areas rarely stay contained. Smoke drifts through gaming halls, including sections labeled non smoking, creating daily exposure for dealers, servers, and support staff.

In August 2024, a lower court ruled in favor of casino operators, allowing indoor smoking to continue across all nine Atlantic City casinos. That decision pushed workers and unions to take the case to the appellate level.

Unions and Workers Drive the Lawsuit

The lawsuit came last April from the United Auto Workers, representing dealers at Ballys, Caesars, and Tropicana casinos. The union joined with Casino Employees Against Smoking Effects, also known as CEASE.

Both groups argue that casino workers stand nearly alone in New Jersey. Most indoor workplaces fall under the statewide smoking ban. Casinos do not. Workers say that gap exposes them to secondhand smoke risks while others receive full protection under state law.

Nancy Erika Smith, legal counsel for CEASE and the United Auto Workers, addressed the court on Monday.

“Casino workers are expected to clock in to work every day despite inevitably facing a toxic environment that could cause countless health issues, including cancer, heart disease, and asthma,” Smith said.

“We’re asking the court to find the exemption in New Jersey’s Smoke-Free Air Act unconstitutional and void it immediately. We hope this case will serve as a precedent for casinos across the country to close their smoking loopholes and stop poisoning their workers,” she added.

Lawmakers Circle the Issue

Legal action runs alongside political pressure. Supporters say a majority in the New Jersey Legislature backs a bill that would end indoor casino smoking. That proposal already cleared an early vote nearly two years ago.

Workers have continued quiet talks with lawmakers from both parties, aiming to push the bill forward for final votes. A separate proposal would keep smoking on 25 percent of casino floors but change placement rules so no employee must work in a smoking area against their will.

Casino Industry Pushback

Casino operators continue to warn of economic fallout. Industry leaders claim a full smoking ban could lead to job losses, lower gaming revenue, and reduced tax collections.

Workers challenge those forecasts. They argue smoking plays a smaller role in casino play today and say the warnings overstate the risk. Many point to casinos in other states that operate without indoor smoking and continue to perform well.

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