Published on: December 15, 2025, 04:44h.

Updated on: December 15, 2025, 04:44h.

• Legal action challenging casino smoking policies in Atlantic City persists in state courts
• Casino staff assert their constitutional rights have been compromised
• A ruling against the claim by a Superior Court judge was issued in August 2024

A legal dispute examining whether smoking allowances in Atlantic City casinos infringe upon workers’ rights under the New Jersey Constitution was revisited in court today.

In April 2024, a collective of casino workers from Atlantic City, seeking a smoke-free workplace, initiated legal action against the state, supported by the United Auto Workers (UAW) union, representing gaming staff like table dealers and slot attendants.

Attorneys for CEASE and the UAW referenced the state constitution’s declaration that “all individuals are inherently free and independent, possessing certain natural and unalienable rights, among these are… the pursuit of safety and happiness.” They argued that working in an environment where secondhand smoke is prevalent infringes upon these unalienable rights.

Legal Proceedings Ongoing

In August 2024, Superior Court Judge Patrick Bartels ruled in favor of the state, stating that the smoking exemption does not violate the New Jersey Constitution. He reasoned that since smoking had been permitted in casinos historically, employees were aware of potential smoke exposure when choosing their careers in the industry.

Bartels further remarked that casino employees are not prohibited from seeking employment in smoke-free environments, thus their unalienable rights remain intact.

Given the well-known dangers of secondhand smoke, the fact that smoking has generally not been prohibited in casinos except for a brief hiatus during the COVID-19 pandemic, and that the exceptions to the Smoke-Free Air Act are limited to select industries, it cannot be said that the New Jersey Legislature’s allowances impede casino employees’ right to pursue safety under the New Jersey Constitution,” Bartels noted.

The UAW and CEASE have since filed an appeal, and the Press of Atlantic City reports that a three-judge appellate panel reviewed the case this afternoon in Trenton. A ruling from this panel is anticipated in the upcoming weeks.

Bipartisan Initiative

Recent legislative sessions in Trenton have seen discussions aimed at terminating the Atlantic City smoking provisions. Despite bipartisan support, Democratic leaders face criticism for delaying votes to placate the casinos, which argue that a smoking ban could result in significant job losses, as many smokers might opt for casinos in Philadelphia where smoking is permitted.

Atlantic City casinos have proposed creating smoking rooms where staff would not be obliged to work. New Jersey’s Governor-elect, Miki Sherrill (D), has expressed support for enforcing a smoke-free environment in casinos.