Nearly 20 years ago, New Jersey banned smoking in public places like restaurants, parks, and beaches. But casinos in Atlantic City were giving an exemption.
Last week, lawyers for Casino Employees Against Smoking Effects argued before an appellate court in Trenton that the exemption in the law permits casinos to subject both workers and guests to secondhand smoke, which they contend is hazardous. They further argued that the New Jersey constitution guarantees every individual the right to clean air, framing their legal argument around this specific constitutional protection.
Nancy Erika Smith, representing casino workers, said, “There is no smoking in restaurants. You can’t smoke on the Boardwalk. You can’t smoke on the beach.” She stated that the casino exemption allows the industry to expose employees to risks and gives casinos in New Jersey an economic advantage.
Smith told the judges, “The Constitution prohibits the Legislature from enacting laws that provide special privileges or advantages specifically to corporations. The law requires that corporations be treated the same as other entities.”
Domestic & Online Casinos In New Jersey
Only Atlantic City allows casinos to operate to players over the legal gambling age of 21. Opening a casino elsewhere in the state would require a constitutional amendment. There are currently no plans to expand the casino industry in Atlantic City, but with NYC about to add three new casino licenses, Atlantic City could see some action in the near future.
Online casinos in New Jersey are available through state-licensed sites and select offshore sites that are not blocked. Currently, New Jersey licenses more than 30 online casinos. Each of which offers online blackjack, roulette, poker, baccarat, slots, and other games. Some sites also feature live dealer games such as blackjack, poker, baccarat, Super6, and more.
Boardwalk Casinos
Atlantic City has nine brick-and-mortar casinos on or near the boardwalk. Notable names include the Borgata, Hard Rock, Caesars, the Ocean, and the Golden Nugget. Each of the major casino players have partnered with online services. These partnerships bring gaming to players aged 21 or older in New Jersey.
Partnerships include BetMGM with Borgata, DraftKings with Resorts, FanDuel with Golden Nugget, and Caesars Palace Online with Tropicana, giving state-regulated online casino options to New Jersey players.
Since 2013, the Division of Gaming Services has allowed domestic online casinos in New Jersey. License holders pay at least $200,000 in insurance fees and a $250,000 responsible internet gaming fee. They also pay $400,000 for the initial online gambling permit. Renewal fees for casinos are $200,000 or more. Sportsbooks pay a lower renewal fee of $100,000.
Will Smoking Continue In Atlantic City Casinos?
The issue remains unresolved, but it appears likely that New Jersey will eventually consider ending the casino smoking exemption. While measures such as advanced filtration and separate smoking areas are in place to protect non-smokers, most states have banned smoking in their casinos based on public health guidance.