Atlantic City Gaming Leaders Voice Concerns, as Smoking Opponents File Lawsuit

Atlantic City gaming officials express concern over lawsuits filed by smoking opponents

Two of Atlantic City's more powerful people, Unite Here Local 54 President Donna DeCaprio and New Jersey Casino Association President Mark Giannantonio, are very vocal about the city's casino market. Worry.

Atlantic City's land-based gross gaming revenue (GGR) for January and February 2023 was lower than for the same months. Resort leisure traffic also declined in the first two months of the year.

DeCaprio and Giannitonio used the bad start to reinforce their argument that Trenton state lawmakers should not pass laws that could further cloud the city's economic prospects. Specifically, lawmakers are considering an amendment to the New Jersey Smoke-Free Air Act of 2006 that would allow nine oceanfront casinos to reserve up to 25% of their gaming floors for indoor tobacco use.

With Atlantic City's in-person and gambling revenue likely to decline, Giannontonio doesn't think now is the time to enact a smoking ban.

Now is not the time to enact laws such as a blanket ban on smoking, which will further impact customer visits and revenue at our homes,” Giannontonio told Atlantic City News.

"Now is the time for Atlantic City and the state of New Jersey to take an oversight role, address issues that are hindering economic growth and develop solutions that increase the number of visitors to Atlantic City," added Resorts' Giannitonio.

Employee files lawsuit

CEASE, the group Casino Employees Against the Effects of Smoking, filed the lawsuit in the New Jersey Supreme Court on Friday. The lawsuit names Gov. Phil Murphy (D) and state Health Commissioner Caitlan Baston as defendants.

The lawsuit alleges that the state's 2006 anti-smoking law provides casinos with an exception that unfairly jeopardizes the health of casino workers in favor of casino owners. The lawsuit asks the court to close casino smoking loopholes.

Last year's legislation appeared to have found the support it needed for a New Jersey law to force casinos to have smoke-free spaces. But some lawmakers changed their stance after hearing the casino lobby group, which Giannitonio chairs, say such a ban would devastate Atlantic City's gambling industry.

“To sacrifice the health of workers because of behind-the-scenes politics, without even requiring an explanation from them, is abhorrent,” CEASE attorney Nancy Smith told The New York Times.

CEASE began as a grassroots coalition in Atlantic City. The group has since established chapters in other states where smoking continues in casinos, including Pennsylvania, Rhode Island, Kansas and Virginia.

Ban may lead to job losses

DeCaprio represents about 10,000 casino workers in Atlantic City, but those union members do not include table game dealers and slot machine attendants.

However, many Unite Here employees work on the casino floor, where smoking is still practiced. The union represents housekeepers, bartenders, servers, cooks, bellhops, bouncers and other service workers.

DeCaprio agreed with Giannitonio's position that smoking bans would hurt casino revenue and lead to job losses.

"As legislators continue to move forward with the annual state budget process, it is important for representatives in the New Jersey Legislature to understand the dangerous economic conditions facing my members and all workers in Atlantic City," DeCaprio said. "It's not just a concern. The magnitude of the decline in total personal income and some personal property suggests that thousands of workers face severe instability. Lawmakers must take this into account when considering measures that could exacerbate the downward trend."