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Smoke ‘em if you got ‘em
Sharon Harris looks at how smoking bans (and the lack of them) have impacted on North American gambling.
I
n old Hollywood movies, smoking looked cool and often defined an actor’s persona. However, in 2024, times have changed; public smoking is not considered cool anymore and has all but disappeared. New Jersey - typically at the forefront of many trends - banned indoor smoking in 2006. Ironically, the law included casino restaurants and bars, but excluded the gaming floor. That exemption launched an 18-year battle.
By July 2019, current Governor Phil Murphy signed a law to further define statewide smoking. It permitted smoking at only 15 percent of the beaches and parks, but several coastal towns soon passed their own total bans. Five years later, leaving casino “designated smoking areas” in place remains unpopular in
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Atlantic City. Anti-smoking groups have failed to rectify that for years, but an August 30 court decision raised the stakes. A federal judge rejected their most recent lawsuit by ruling the New Jersey Constitution only guarantees a “right to pursue safety in the workplace, not actual safety itself.” What does that even mean? Casino workers now want the state Supreme Court to weigh in. It’s not like smoking is everywhere anymore. Statistics show U.S. smoking numbers dropped from 21 percent in 2005 to 12 percent in 2021. At least 35 states, Washington D.C. and U.S. territories have enacted partial smoking bans. However, 13 states and territories still permit smoking in designated areas.
Wouldn’t it make sense to just ditch casino smoking everywhere? It seems it would. Health News Florida reported that Washington D.C. polling organization Normington Petts conducted a late 2023 survey. It found 74 percent prefer patronizing a smokefree casino; 26 percent would be less likely to visit at all.
So, why, when statistics prove that onsite smoking bans rarely, if ever, reduce customer spending and could actually raise the revenues, do jurisdictions still insist on exempting casinos?
This data could actually improve tourism in New Jersey and Pennsylvania if casino operators took action. Murphy promises to
instantly sign a prohibition law if brought to him, but has not pushed the issue. Another incentive may be New York City’s (NYC) new legislation mandating its future casino be smokefree. Combine this with customer preference and NYC’s proximity to New Jersey and Pennsylvania, isn’t revision a no-brainer?
Americans for Nonsmokers’ Rights (ANR) President/CEO Cynthia Hallett has repeatedly fought this battle. After the New Jersey decision and NYC mandate, she said, “Atlantic City casino operators stand to gain business by joining their workers’ fight to close the casino smoking loophole. We are all tired of the sky-will-fall tactics from casino operators… right now is a prime opportunity for Atlantic City casinos to end the outdated business practice of allowing indoor smoking.”
Hallett also criticizes Nevada because the same Nottingham Petts survey revealed there is a 20 percent spread between smoking opponents and supporters. She has accused the Nevada gaming industry of pushing a bogus theory that ventilation systems protect workers and guests from dangerous secondhand smoke.
No one is buying that. Even the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) has warned against that, saying ventilation only reduces odor and discomfort.
19/6/24 09:49
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