Atlantic City casino workers head to court to have smoking banned at land-based casinos
By Ramona Depares
Atlantic City casino players who enjoy a smoke or two at the tables and slots may very well see their plans go up in smoke, as the long-debated ban for smoking at land-based casinos in the US is now heading to court for a definitive ruling.
Naturally, this isn’t an issue players at the top online casinos face, but the controversy at retail outlets has been raging for quite some time. Since 2006, in fact, when the Smoke-Free Air Act was enacted to guarantee a smoke-free environment for US workers. The act, however, exempted all casinos from its provisions.
Atlantic City casino workers, as well as some of the gamblers themselves, have long complained about exposure to second-hand smoke at these venues. Now, United Auto Workers and another group representing casino employees have filed a lawsuit demanding that the law be amended to extend its protection to casino workers.
How harmful is second-hand smoke at land-based casinos?
The continued rise of online casinos in the US may have pushed the issue to the back burner, but the health risks associated with second-hand smoke in casinos are significant and well-documented. Independently carried out research has been pretty consistent in confirming that casino workers and patrons are exposed to dangerous levels of toxic substances when smoking is permitted.
A study conducted by the BMJ Journals (Babb S, McNeil C, Kruger J, et al Secondhand smoke and smoking restrictions in casinos: a review of the evidenceTobacco Control 2015;24:11-17.) goes as far as to say that “there is no safe level of secondhand smoke (SHS) exposure”. The study describes smoking in casinos as a “significant public health problem”, adding that both casino employees and guests are exposed to high levels of SHS”.
This was confirmed by the elevated levels of tobacco-specific biomarkers in blood tests carried out on non-smokers. Even more worryingly, the study revealed that partial smoking restrictions, or designated smoke-free zones, did not do anything to protect non-smokers from SHS. The study concluded that this risk to employees and patrons is both significant and preventable, calling it “imperative for public health and workplace safety that smoking in casinos be stringently regulated or completely banned”.
The BMJ Journals noted that the American Society of Heating, Refrigerating and Air-Conditioning Engineers agreed that “at present, the only means of effectively eliminating health risk associated with indoor exposure is to ban smoking activity.” The statement also referred to a study of 25 casinos in the UK, where 83% of participants reported being nearly always exposed to SHS at work, 78% stated that they minded if people smoked near them at work, 57% believed they had health problems as a result of second-hand smoke at work and a whopping 65% supported banning smoking in all customer and working areas of their casinos.
The American Cancer Society (ACS) echoes the words of the above, calling SHS at land-based casinos a “cause of premature death among US workers”. Casino workers, according to the American Cancer Society, face a higher risk of illness caused by SHS than any other workers.
This risk includes a higher incidence of lung cancer. Casinos were found to have nicotine concentrations that are 2.4 to 18.5 times higher than in offices and homes, and 1.5 to 11.7 times higher than in restaurants. The ACS quotes a study by Achutan C, West C, Mueller C., Boudreau Y, and Mead K (2009) on the impact of SHS in Pennsylvania casinos, which found that exposure causes five times as many premature deaths as the mining disasters that had afflicted the state.
In studies carried out by the National Cancer Institute, casinos were also found to have 12 times as many smoke particles than you find outdoors, with nicotine and a number of toxins – including carcinogens, benzene, naphthalene, formaldehyde, and acetaldehyde. Moreover, casino guests were found with significantly elevated levels of a lung carcinogen caused by tobacco after a four-hour visit to a casino where smoking was allowed.
Studies quoted by the ACS also suggest that partial bans don’t work, as a study in 21 Nevada casinos revealed that guests at a non-smoking restaurant that was adjacent to the gaming areas where smoking is permitted had 60% of the amount of SHS as guests in the smoking areas.
Even the National Institute for Occupational Safety and Health (NIOSH) has weighed in on the matter. A blog post by the Center for Disease Control (CDC) describes how the Institute has gone on record saying that “even low levels of secondhand smoke exposure can be harmful” and even recommended that smoking right next to building entrances and air intakes should be prohibited so as to prevent any smoke from entering indoors. The Institute added that casinos should appoint a physician to evaluate employees who were suffering from respiratory issues origins from workplace exposures.
Finally, the National Cancer Institute leaves no room for doubt about the perils of second-hand smoke to casino workers, noting that the U.S. Environmental Protection Agency, the U.S. National Toxicology Program, the U.S. Surgeon General, and the International Agency for Research on Cancer have all classified secondhand smoke as a known human carcinogen. It added that some research also points to an increase in breast cancer, nasal sinus cavity cancer, and nasopharyngeal cancer in adults.
When one considers all this, together with the fact that the National Council of Legislators from the Gaming States had actually passed a resolution to support 100% smoke-free gaming venues as long ago as 2009, it is hardly surprising to see that casino workers in Atlantic City and across the US are up in arms about it.
What the lawsuit states
So what is the basis of the lawsuit? Put simply, casino workers’ representatives are disputing an exemption found in the Smoke-Free Air Act. Although this act bans smoking in enclosed, indoor public places and workplaces, it contains a section that specifically exempts all land-based casinos and bingo parlours from this ban.
According to news reports, the lawsuit names New Jersey Governor Phil Murphy and State Health Commissioner Kaitlan Baston as failing to protect the health of casino workers by not including them in this ban.
The lawsuit was filed by the United Auto Workers union, representing workers at Bally’s, Caesars and Tropicana casinos in New Jersey alongside a group called Casino Employees Against Smoking’s (Harmful) Effects (CEASE).
What are workers hoping to get from the lawsuit?
The Atlantic City smoking ban lawsuit hinges on the casino workers’ claim that the exclusion is considered unconstitutional in New Jersey because it grants favouritism to the casinos. The exemption also denied workers their state constitutional right to safety and equal protection.
Claiming that some casino workers have suffered cancer as a result of this situation, the lawsuit is asking for the exemption granted by the Smoke-Free Act to be declared unconstitutional. While the NJ Health Department refused to comment pending litigation, in reality, there has been some progress made in the battle as the governor has gone on record to say that he would sign a bill banning smoking in casinos.
How Will This Lawsuit Affect Casinos In Other States?
How this will affect other gambling states across the US remains to be seen, with Pennsylvania already seeking to amend its own Clean Indoor Air Act of 2008 to include a ban in casinos and bars. Should the Atlantic City casino workers lawsuit be successful, it is likely to have wider-reaching implications for casinos across other states.
If this were to pass, it is also very likely that US online casinos will see an increased surge in popularity, with gamblers who don’t want to give up smoking while enjoying their pastime spending more time online in the privacy of their homes.
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