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New Jersey Gov. Mikie Sherrill wants the issue of smoking inside Atlantic City casinos to be solved by the Legislature rather than through the court system.
Casino Employees Against Smoking Effects (CEASE) was formed when COVID-19 mask restrictions were lifted in 2021. It has been the organization’s goal to ban smoking entirely inside properties.
Sherrill, according to The Press of Atlantic City, did not offer her stance on the issue. She would rather see lawmakers resolve the issue.
Legislation over litigation
CEASE has been fighting for years to eliminate smoking, but despite the effort and attention, it has come up empty. The organization took another route, filing a lawsuit in April 2024, which is still ongoing.
Sherrill believes the answer lies in the state’s Legislature, not in the courts. She told The Press of Atlantic City:
“There’s litigation right now, but they really need legislation. I’ve heard from workers on both sides, those people who want the smoking ban, people who don’t and are worried about business.
“I think what we need to do first and foremost is make sure we’re protecting the safety of workers and at the same time ensuring that we have jobs and we’re continuing to grow the economy here.”
Sherrill added:
“That requires hearings. So I’m looking forward to seeing our Legislature get to work on this.
“We’re constantly having discussions with the Legislature, and this is one that we’ll be talking to them about, the timetable on how they want to move forward and making sure that we’re caring for workers and ensuring that they both are safe on the job and not having to choose between having a job and their health.”
What legislation is out there?
There is a bill that has been introduced that bans smoking entirely in Atlantic City casinos. Sen. Shirley K. Turner introduced SB 212 in January, which states:
“This bill amends the ‘New Jersey Smoke-Free Air Act,’ to prohibit smoking in casinos and casino simulcasting facilities. Current law prohibits smoking in most indoor public places and workplaces, with certain exceptions, including indoor public places and workplaces which are within the perimeter of casinos and casino simulcasting facilities and accessible to the public for wagering.
“This bill would eliminate these exceptions from the smoking ban. This bill would take effect on the 90th day after the date of enactment.”
There’s another bill, which calls for modifications, not an outright ban. According to SB 698, introduced by Sen. John J. Burzichelli, smoking would still be allowed on up to 25% of the gaming floor. However, it would only be permitted under the following circumstances:
- In enclosed interior designated smoking areas equipped with a ventilation system that is separately exhausted from other interior areas of the casino, casino simulcasting facility, and hotel facility, as applicable, so that air from the smoking area is not recirculated or back-streamed into interior areas that are not interior designated smoking areas.
- In unenclosed interior designated smoking area which contain slot machines or other electronic games, but is not to include areas of the casino floor and casino simulcasting facility that are 15 feet or less from any casino pits offering table game with live dealers.
Where litigation stands
As previously noted, while CEASE has come up empty so far, it did get a court win recently. A New Jersey appeals court ruled that a key constitutional claim was dismissed too early and must be reconsidered, even as it upheld other portions of the trial court’s ruling.
The case has been remanded, which means that it was sent back to the trial court for further proceedings.
The remand focuses on whether the casino exemption in the Smoke-Free Air Act violates the equal protection guarantees of the New Jersey Constitution. The appellate judges said the lower court relied on an incomplete legal framework and failed to adequately develop the factual record before dismissing the claim.
While CEASE has legal options, Sherrill is bringing attention to the matter and looking for a solution through legislation.
