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NJ Public Health Council Moves to End Atlantic City Casino Smoking Exemption

State advisory board votes to urge Health Commissioner Raynard Washington to close a 20-year-old loophole, as casino workers escalate legal and legislative pressure for a smoke-free workplace in Atlantic City's nine gaming halls.

Category: iGaming News - USA · By Growl Games Editorial Team · Tue May 19 2026 · Updated Thu Jul 23 2026

NJ Public Health Council Moves to End Atlantic City Casino Smoking Exemption

Table of Contents

1. Public Health Council Vote

New Jersey's Public Health Council voted on May 13 to recommend a formal resolution urging state Health Commissioner Raynard Washington to take action against the casino smoking loophole. Council vice chairman Paul Roman asked the commissioner to weigh in and prompt either the legislature or Governor Mikie Sherrill to act. The draft resolution, expected in the coming weeks, also calls on the Department of Health to promote smoke-free environments while legislation and a parallel Supreme Court case remain unresolved.

2. The 2006 Smoke-Free Air Act Loophole

The New Jersey Smoke-Free Air Act, enacted in 2006, prohibits smoking in nearly all indoor workplaces but carves out an exemption permitting Atlantic City's nine casinos to designate up to 25% of their gaming floor for tobacco use. The smoking sections are not required to be sealed off, meaning secondhand smoke drifts throughout the floor. The vote arrives on the 20th anniversary of the law and coincided with this year's East Coast Gaming Congress at the Hard Rock Hotel and Casino.

3. Workers Press the Case

Casino Employees Against Smoking Effects (CEASE), founded in the aftermath of the COVID-19 smoking pause, rallied on the Atlantic City Boardwalk during the same week. Co-founder Lamont White directly addressed Governor Sherrill, saying workers in the buildings are getting sick and dying on her watch. Fellow co-founder Nicole Vitola, a table games dealer, submitted testimony describing dealers stuck "inches away" from smoke with no way to step away from the game. CEASE is also asking Washington to withdraw the Department of Health's opposition to its lawsuit challenging the loophole.

4. Casino Industry Pushback

The Casino Association of New Jersey, casino operators and the main casino workers union, Local 54, oppose a full ban. Local 54 president Donna Decaprio has argued a total ban would eliminate roughly 3,000 jobs as smoking gamblers shift to Live Casino in Philadelphia, which permits smoking on half its floor. The state attorney general's office has also raised the risk of lost tax revenue that funds programs for seniors and disabled residents. A 2024 Superior Court ruling rejected a workers' lawsuit seeking to overturn the exemption; that case is now pending before the New Jersey Supreme Court.

5. New York Competition Raises the Stakes

The fight comes as three downstate New York casinos — Resorts World New York City, Hard Rock Metropolitan Park and Bally's Bronx — move toward opening. New York law mandates that all licensed casinos, racinos and off-track betting facilities be 100% smoke-free, eliminating any smoking-policy advantage Atlantic City currently holds over its nearest large rival market. Atlantic City operators argue the loss of that edge is precisely why the 25% exemption should remain in place.

6. What Happens Next

The Public Health Council's draft resolution is expected to be published in the coming weeks and forwarded to Commissioner Washington. Governor Sherrill has publicly stated she wants the legislature to settle the question during the 2026 session, which runs through year-end. CEASE's appeal to the New Jersey Supreme Court is pending, and bipartisan legislation amending the Smoke-Free Air Act remains in play. Any outcome — legislative, regulatory or judicial — would directly affect floor design, staffing and revenue at every Atlantic City property.

Sources

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