New Jersey Governor calls for legislative action on Atlantic City casino smoking laws

New Jersey Gov. Mikie Sherrill has urged lawmakers to resolve pending legislation governing smoking inside Atlantic City casinos, saying in an interview with The Press of Atlantic City that the issue should be addressed through the legislative process rather than the courts.

Sherrill said she intends to discuss with legislative leaders the timetable for considering long-pending bills that would either ban smoking entirely or allow it to continue under stricter conditions.

"There’s litigation right now, but they really need legislation," Sherrill said, adding that hearings are necessary to weigh worker safety concerns against economic risks. Under current rules, smoking is permitted on up to 25% of casino floors, though smoke is not confined to those areas and can spread across gaming spaces.

Efforts to eliminate smoking have been led by casino employees over the past five years, with protests and lobbying that have secured support from roughly two-thirds of the Legislature. Despite this, bills have repeatedly stalled, including one measure that advanced through a state Senate committee more than two years ago before expiring at the end of the legislative session.

Two proposals have been reintroduced this year. S212 seeks a full smoking ban, while S698, sponsored by state Sens. John Burzichelli and Michael Testa, would allow smoking to continue under stricter conditions.

According to the bill’s provisions, smoking would be limited to enclosed, separately ventilated areas designed to prevent air from recirculating into nonsmoking sections, and employees could not be assigned to work in those areas against their will. The bill also proposes a 15-foot buffer between smoking areas and live-dealer table games.

A rally against smoking by CEASE

The debate has divided casino workers. Casino Employees Against Smoking's (Harmful) Effects, or CEASE, has advocated for a full ban, citing long-term health risks associated with exposure to secondhand smoke. At the same time, Unite Here Local 54 has opposed a ban, warning of potential job losses, revenue declines, and possible casino closures, a position also echoed by the Atlantic City casino industry.

Pete Naccarelli, a dealer at Borgata Hotel Casino & Spa and a CEASE representative, welcomed the governor’s comments. "We’ve lost too many co-workers due to the Legislature’s inaction over the last two decades," he said, urging swift passage of legislation that prioritizes worker protection.

"No worker wants to breathe poison for eight hours a day," Naccarelli said. "With majority support in both houses, we urge the Legislature to listen to the governor’s call for action and finally move to close the two-decades-old casino smoking loophole before more of us die.”

However, Sherrill pointed to growing competitive pressure from outside the state, noting that three planned casinos in New York City are expected to affect Atlantic City’s customer base and revenue. She said any policy decision must balance worker safety with efforts to protect jobs and sustain the local economy.

Supporters of a smoking ban have rejected industry claims of economic harm, citing studies they say show smoking prohibitions no longer guarantee revenue losses for casinos. At the same time, workers pursuing a smoking ban have filed a lawsuit in state court seeking judicial intervention, adding to the parallel legislative process.

Public health data cited by advocates shows a long-term decline in smoking rates. According to the Centers for Disease Control and Prevention’s National Health Interview Study, 9.9% of U.S. adults reported smoking cigarettes in 2024, down from 20.1% two decades earlier.