Smoking ban in Atlantic City casinos gaining support in New Jersey legislature

But the latest effort to close that loophole and bar smoking completely inside casinos has been gaining steam in the state Legislature.

Two months after the bill stalled in the last legislative session, 15 more members of the state Assembly — both Democrats and Republicans — signed on as sponsors this past week. In all, there are now 35 members of the Assembly and state Senate sponsoring the measure (S264) — including all three lawmakers representing Atlantic City in the Statehouse, a trio of Republicans who recently took office.

That’s by far the most support the ban has seen over the years, said state Sen. Joseph Vitale, D-Middlesex, a main sponsor and chairman of the Senate’s health committee.

“It’s the right thing to do,” Vitale said. “How does anyone require people to work in an environment that can give you cancer or emphysema or heart disease? It’s nonsensical we haven’t changed this.”

Whether the momentum translates into the bill becoming law, however, is the question.

Proponents — including a coalition of casino workers and anti-smoking advocates — say the ban is needed to protect employees who stand so close to cigarette-holding gamblers that smoke gets blown in their face. They say the dangers of second-hand smoke make those jobs a health hazard.

But the casino industry has remained staunchly opposed, saying the ban could drive gamblers to nearby states, such as Connecticut and Pennsylvania, costing thousands of jobs and cutting into profits, including tax revenue that goes to seniors and the disabled in New Jersey.

Joe Lupo, president of the Casino Association of New Jersey and of the Hard Rock casino in Atlantic City, said the push comes at a time when the city is still recovering from COVID-19, with employment and visitation at 20-year lows and in-person gambling revenue still short of pre-pandemic levels.

“We feel it’s a difficult time to have this negative impact on the business and lay off thousands of employees where they want to work,” Lupo said. “I think there’s some very inaccurate comments being stated by some from the coalition who are seniority who won’t get laid off and will not take responsibility for those who will.”
 
Meanwhile, Pennsylvania lawmakers introduced a bill this week that would ban smoking inside their state’s casinos, as well. That, state Sen. Vince Polistina said, might be a boon to New Jersey’s effort.

New Jersey banned smoking inside bars, restaurants, and other public places in 2006 but included a provision that would allow casinos to permit smoking on 25% of their floors. Vitale, also the main sponsor of that law, said it was the only way to get it passed at the time.

Atlantic City actually barred smoking in casinos for four weeks in 2008 but restored it after winnings declined by 19.5% in the first week of the ban.

Efforts to prohibit smoking permanently in casinos have gone nowhere over the years, but the issue gained steam during the pandemic, when Gov. Phil Murphy temporarily barred it during the early days of the coronavirus. That ended last July, though.
The return of smoking sent casino workers “over the edge,” said Chris Moyer, a spokesman for Americans For Non-Smokers’ Rights.

Despite the surge in sponsors, the bill still needs to be passed by both the state Senate and Assembly and signed by Murphy to become law. Murphy has said he would support making the ban permanent. Before that, the measure needs to be posted for a vote by legislative leadership.

Advocates were angered when it failed to get a vote the legislative session that ended in January, despite the passage of a separate law giving more tax breaks to casinos to help them recover from COVID-19.

Then-state Senate President Stephen Sweeney, D-Gloucester, said at the time the fact casinos in other states still allow smoking “complicates the decision.”

Last month, a report commissioned by the Casino Association and conducted by independent gambling research firm Spectrum Gaming Group said banning smoking could cost more than 2,500 casino jobs and nearly 11% of casinos’ revenue in Atlantic City.

The report cited how smokers account for 21% of gamblers in the city and how they tend to lose more money and spend more on non-gambling items.
Lupo, the association president, also argued air filtration systems in casinos are better than most places in the state.

Asked to respond to employees’ health concerns, Lupo compared the situation to people having the choice whether to get vaccinated against COVID-19.  ”We’re in the biggest global health pandemic in our lifetime, but you have the right to not be vaccinated and take that risk,” he said.

Advocates of the ban dismiss the warning about job losses.“It’s just a financial calculation,” said Vitale, the Senate health chairman. “It’s a bogus calculation. I’m not going to buy into that it’s going to hurt their industry.”

Americans for Non-Smokers’ Rights said a panel at a tribal gambling conference in Las Vegas last year reported that revenue lost during the first year of smoking bans at their casinos rebounded in following years.

Polistina said he understands casinos’ concerns. “But they are a lot of same concerns when smoking was first banned in bars and restaurants,” the senator said. “That didn’t play out in reality. We need to prioritize workers’ health.”