Former New Jersey State Assemblywoman Loretta Weinberg, a key figure behind the state’s Smoke-Free Air Act, is urging lawmakers to eliminate a long-standing exception allowing smoking in casinos. Her call to action comes nearly two decades after the Act was first signed into law, with the casino loophole still intact.
A Loophole Left Unchecked
In 2006, the Smoke-Free Air Act transformed New Jersey’s public spaces by mandating smoke-free environments in government buildings, restaurants, and other public venues. However, casinos were exempted, a compromise necessary to secure legislative approval. Weinberg, reflecting on the concession, explained, “We simply did not have the votes, so we acquiesced, trying to protect as many people as possible.”
Nearly 20 years later, the retired lawmaker has reignited her campaign to amend the law. Writing in The Star-Ledger, Weinberg expressed frustration over the continued exclusion of casino workers and patrons from smoke-free protections. “They are human beings who simply want the same safe workplace as everyone else,” she wrote.
National Trends Highlight Inconsistencies
Weinberg’s argument draws strength from national trends. According to the Centers for Disease Control and Prevention (CDC), nine states with casino gaming, including New York and Massachusetts, have comprehensive bans on smoking in casinos. Five others, such as Michigan and Pennsylvania, allow limited smoking in designated areas. New Jersey, by contrast, maintains its sweeping casino exemption.
Public health advocates, including the CDC, argue that banning smoking in casinos is not just ethical but also economically feasible. A 2013 report by the U.S. Department of Health and Human Services found that smoke-free laws enjoy strong public support and do not harm the hospitality industry’s revenue or employment levels. These findings counter longstanding fears that casinos would face financial setbacks if forced to go smoke-free.
Activists Step Up the Pressure
Casino Employees Against Smoking Effects (CEASE), an advocacy group, has been vocal about the urgent need for change. The group organises protests, raises awareness through digital campaigns, and challenges legislators to act. In 2024, CEASE supported a lawsuit aimed at repealing the casino loophole. However, the case was dismissed by Superior Court Judge Patrick Bartels, who upheld the law as it currently stands.
Despite setbacks, CEASE continues its efforts, working to galvanise public opinion and legislative action. Their campaign highlights the health risks faced by casino workers and patrons exposed to secondhand smoke, which the CDC describes as a leading preventable cause of illness and death in the United States.
Political Momentum Building?
Governor Phil Murphy, who supports a smoking ban in casinos, may become a pivotal ally in the fight. Murphy, eyeing a third term in 2025, has publicly expressed his readiness to address the issue. Yet, legislative action remains elusive, with key lawmakers hesitant to prioritise the change.
Assembly member Brian Bergen, a Republican, has criticised State Speaker Craig Coughlin for not advancing legislation to close the casino loophole. Bergen’s remarks underscore a growing bipartisan frustration over the state’s inaction.
Public Health Versus Business Concerns
Critics of a smoking ban argue that it could harm casino profits and hurt New Jersey’s economy, particularly in Atlantic City, where casinos are a cornerstone. However, data suggests otherwise. A CDC study found that smoke-free policies do not negatively impact revenue or employment in hospitality sectors, offering a compelling counter-narrative to industry opposition.
Supporters of the ban emphasise that the issue is not merely economic but moral. “The health of workers and patrons should not be the cost of doing business,” Weinberg insists. For her, the fight to close the loophole is both a continuation of her legislative legacy and a necessary step for public health.
