Published on: February 26, 2026, 09:27h.
Updated on: February 26, 2026, 09:27h.
- Casino employees in Atlantic City are urging the New Jersey Supreme Court to prohibit indoor smoking.
- The lawsuit is filed by Casino Employees Against Smoking Effects alongside the United Auto Workers.
Casino workers in Atlantic City, represented by a union encompassing 6,000 individuals from the New Jersey Shore, have formally requested the state Supreme Court’s involvement to eliminate indoor smoking at the nine casinos.
Last month, a state appellate court determined that a Superior Court judge misjudged a lawsuit introduced by CEASE (Casino Employees Against Smoking Effects) and the United Auto Workers (UAW) which challenged the legality of New Jersey’s 2006 Smoke-Free Air Act. This law allows Atlantic City casinos to set aside 25% of their gaming space for smoking.
The case has been sent back to Superior Court, where CEASE and UAW are gearing up for their legal challenge against the 2006 law. The defendants include the state of New Jersey, Governor Mikie Sherrill (D), and NJ Health Commissioner Dr. Raynard Washington. An evidentiary hearing is scheduled for July.
Meanwhile, CEASE and UAW are seeking intervention from the New Jersey Supreme Court. CEASE is a grassroots organization of casino workers advocating for a smoke-free environment, while UAW Region 9 represents around 6,000 employees of Atlantic City casinos, including over 1,200 dealers who are directly affected by smoking.
Appeal to the Supreme Court
The plaintiffs are asking the New Jersey Supreme Court to assess whether the 2006 exemption for casinos violates the constitutional rights of workers.
The petition from CEASE and UAW invokes the New Jersey Constitution, which asserts that “all individuals … possess certain natural and inalienable rights, including the right to pursue and obtain safety and happiness.” The appeal underscores the phrase “pursuing and obtaining safety.”
In August 2024, New Jersey Superior Court Judge Patrick Bartels ruled that the Smoke-Free Air Act does not violate casino workers’ constitutional rights to health and safety. Bartels argued that the law does not prevent individuals from pursuing jobs in smoke-free options.
However, the appellate court found that Bartels did not sufficiently evaluate conflicting economic studies regarding the potential impact of a smoking ban on the Atlantic City casino sector. The appellate judges emphasized that their ruling was not a “public policy decision” but a directive for the lower court to amend its “incorrect methodology related to constitutional interpretation.”
Impact of a Smoking Ban on Atlantic City
The Casino Association of New Jersey warns that a ban on smoking would have severe consequences, driving many smokers to gamble online or shift to casinos in nearby Philadelphia. A report commissioned by the casinos suggests that smoke-free environments could result in significant job losses and damage to the Atlantic City economy.
Conversely, a study from supporters of CEASE indicates that a smoking ban would not significantly decrease gaming revenues. As smoking rates continue to decline, smoke-free casinos could even experience revenue increases, according to their findings.
The New Jersey Supreme Court is expected to decide whether to take on the casino smoking case in the upcoming weeks, but traditionally, the state’s high court accepts less than 10% of the petitions it receives each year.