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New Jersey Smoke-Free Law Sponsor: Ending The Casino Loophole?


In an ongoing fight against indoor smoking, anti-smoking supporters in New Jersey work hard to remove the long-standing casino exemption under the state’s 2006 Smoke-Free Air Act. Many public health officials, lawmakers, plus advocates criticize this exemption for harming thousands of casino workers along with guests.

A Public Health Challenge

The 2006 Smoke-Free Air Act took a big step forward by banning smoking in most indoor places to protect New Jersey residents' health. Casinos remained outside this policy due to strong lobbying from the tobacco along with gaming industries. As a result, casino workers and visitors have faced harmful second-hand smoke for nearly twenty years.


Second-hand smoke contains over 7,000 chemicals - hundreds are toxic and at least 70 cause cancer, according to the Centers for Disease Control and Prevention (CDC). This exposure links to serious health problems like lung cancer, heart disease as well as respiratory illnesses. Casino employees often spend long hours in smoky environments, facing high health risks.


The World Health Organization (WHO) consistently highlights second-hand smoke's dangers - no safe exposure level exists. Their studies show even short exposure harms the cardiovascular system immediately and raises heart attack risks. So keeping casinos exempt poses not just a public health issue, but very serious ethical concerns, too.

Positive Impact of Online Casinos

As the conversation around smoke-free policies in physical casinos intensifies, online casinos such as the Mega Dice casino have emerged as a thriving alternative, offering a completely smoke-free environment by design. New Jersey, one of the first states to legalize online gambling in 2013, has seen significant growth in this sector. In 2024 alone, online casinos generated over $1.6 billion in revenue, accounting for approximately 40% of the state’s total gambling market, according to the New Jersey Division of Gaming Enforcement (DGE).

Online casinos have gained popularity due to easy access and convenience. Players enjoy their favorite games at home, avoiding second-hand smoke plus crowded places. Digital platforms promote inclusivity, attracting more people who might not visit physical casinos. 

New technologies like live dealer games plus virtual reality make online casinos more appealing. Online casinos set a positive example in the industry by focusing on convenience and modernization (while not being exposed to smoke is only another plus).

The Fight for Justice

Advocates, including former State Senator Loretta Weinberg, argue that the casino exemption undermines the core intent of the Smoke-Free Air Act—to protect public health. Weinberg has been a vocal critic of the loophole, describing it as a compromise that prioritized corporate interests over worker safety.


“The health of our casino workers should never have been up for negotiation,” Weinberg recently stated in a public address. “It’s time we correct this mistake and show that New Jersey values the well-being of all its residents, regardless of where they work.”


Weinberg recently called on Governor Phil Murphy and Department of Health Commissioner Kaitlan Baston to support a lawsuit filed by Casino Employees Against Smoking Effects (CEASE) and their union, the United Auto Workers. The lawsuit accuses state officials of failing to safeguard the health of casino workers by maintaining the exemption. This legal battle has become a rallying point for advocates, who see it as a crucial step toward achieving workplace equality and justice.

Economic Myths and Realities

Many argue against banning smoking in casinos due to possible economic effects. Operators say a ban might cut revenues and cause job losses. Evidence from other states shows a different picture.


Studies in states with smoke-free casinos show no major long-term revenue drop. For instance, research in the American Journal of Public Health reveals that smoke-free rules attract varied customers like families plus health-focused guests. Smoke-free spaces lower maintenance costs by reducing harm to carpets and furniture along with ventilation systems.


In nearby Pennsylvania, the most successful casino runs smoke-free by choice. Five of Atlantic City’s nine casinos seek licenses to operate in New York, a state with strict smoke-free rules. These actions highlight growing awareness that smoke-free spaces are both healthier and economically viable.

Positive Impact of Smoke-Free Policies

Smoke-free policies in casinos offer many benefits, even when putting health perks aside. They improve customer experiences overall: Cleaner air welcomes non-smokers and families, potentially expanding the customer base. From a business view, these policies match trends in social responsibility along with sustainability. Casinos cutting indoor smoking show commitment to employee and patron well-being, which strengthens reputation and fosters loyalty among customers. These environments reduce fire risks while improving air quality, leading to lower insurance premiums.


Health experts note transitioning away from smoking sets a positive example for other sectors, too. When trendsetters such as big casinos adhere voluntarily to smoke bans, it sends a strong message about public health importance as well as workplace safety.

Public Support and Legislative Momentum

Most people strongly favor extending smoking bans into casinos: A 2023 Stockton University poll found 74% of New Jersey residents back such bans, which boosts legislative efforts to close existing loopholes.


Governor Murphy has stated his willingness to sign a bill banning casino smoking if it reaches his desk. Advocates are hopeful that renewed legislative efforts in the current session will succeed where previous attempts have failed. Meanwhile, grassroots campaigns, including those led by CEASE, are continuing to build awareness and put pressure on lawmakers.


Other states have demonstrated that legislative action can lead to significant change. In Michigan, for example, the implementation of a comprehensive smoke-free policy in casinos resulted in measurable improvements in air quality and employee health within just months of its enactment. These success stories serve as a blueprint for New Jersey, showing that progress is both possible and beneficial.

Conclusion

The exemption for casinos under New Jersey’s Smoke-Free Air Act is a glaring inconsistency in the state’s public health policies. With overwhelming evidence of the dangers of second-hand smoke and the economic viability of smoke-free policies, the time to act is now.


Casino workers and patrons deserve the same protections as everyone else. Ending the exemption is not just a matter of public health—it is a matter of justice. Lawmakers have an opportunity to rectify this long-standing issue and ensure a healthier, fairer future for all.


By taking bold action, New Jersey can join the growing list of states proving that smoke-free policies are not just good for health, but also good for business and society. The stakes are too high to delay any longer.

author

Chris Bates

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