In a groundbreaking ruling that is sure to have far-reaching implications for the gaming industry in New Jersey, a state judge has tossed out a lawsuit that sought to ban smoking in Atlantic City casinos. The decision, handed down by Superior Court Judge Mary Dalton, is a major victory for the gambling industry and a blow to anti-smoking advocates who had hoped to see a ban put in place.
The lawsuit, which was filed by a coalition of groups including the American Lung Association and the Campaign for Tobacco-Free Kids, argued that allowing smoking in casinos violates the state’s Indoor Air Quality Act. The act prohibits smoking in most indoor public places, but makes an exception for casino gaming floors.
In her ruling, Judge Dalton sided with the casinos, pointing to the fact that smoking has long been a part of the casino experience in Atlantic City. She also noted that the state has enacted specific regulations that govern smoking in casinos, including requirements for ventilation and designated smoking areas.
“Atlantic City casinos are a unique environment where smoking has always been a part of the experience,” Judge Dalton wrote in her decision. “It would be impractical and unfair to suddenly ban smoking when it has been allowed for so many years.”
The ruling was met with praise from casino operators, who argued that a smoking ban would hurt business and drive customers away. “This decision is a victory for common sense,” said Steve Callender, president of the Casino Association of New Jersey. “Smoking is a personal choice, and our customers should have the freedom to smoke if they so choose.”
Anti-smoking advocates, however, were disappointed by the ruling and vowed to continue fighting for a smoking ban in casinos. “We believe that everyone has the right to breathe clean air, including casino workers and patrons,” said Karen Blumenfeld, executive director of Global Advisors on Smokefree Policy. “We will not stop until smoking is banned in all indoor public places in New Jersey.”
It remains to be seen whether the plaintiffs will appeal Judge Dalton’s decision. In the meantime, the ruling stands as a major victory for the gaming industry in Atlantic City, where smoking is expected to remain a part of the casino experience for the foreseeable future.