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NJ judge rules smoking can continue in Atlantic City casinos, dealing blow to gaming workers

New Jersey gaming workers were dealt a serious legal blow Friday when a state judge dismissed a lawsuit that sought to ban smoking on casino floors.

The ruling in favor of Atlantic City’s nine struggling casinos was delivered by Superior Court Judge Patrick Bartels.

The tobacco-wary casino workers filed a lawsuit in May, seeking a permanent ban on smoking over the health concerns posed by second-hand smoke.

Atlantic City casino workers hold signs during a rally in Trenton, N.J., on April 5. AP

When the state abolished smoking indoors nearly 20 years ago, they did so with an exception — permitting smoking on 25% of the casino floor.

The casino workers first called on state lawmakers to prohibit smoking four years ago, but when a bill to that effect stalled, they filed their lawsuit.

Atlantic City casino workers fly an anti-smoking flag during a rally in April. AP

Opponents of the ban say it will lead to casino closures and thousands of layoffs.

They also believe putting an end to smoking in Atlantic City casinos will drive gamblers to casinos in neighboring Pennsylvania.

Casino owners also contend the state would lose millions in tax revenue under such a ban.

A gambler lights up at a slot machine in Harrah’s Casino in Atlantic City on Sept. 29, 2023. AP

Atlantic City‘s nine casinos have been hurting financially since the start of the COVID pandemic, a recovery made even harder with the advent of online and app-based gambling.

The casino industry has long opposed a smoking ban, and said it has been working to develop better ventilation systems as well as enclosed smoking rooms, staffed by employees who volunteer to work there.