Atlantic City Council bans most casino smoking
Compromise ban clears the air on 75 percent of gaming floors
By DEREK HARPER Staff Writer, (609) 272-7203
Published: Thursday, February 8, 2007
Atlantic City Council bans most casino smoking
ATLANTIC CITY — City Council closed three-quarters of the loophole in state anti-smoking legislation Wednesday, voting 6-3 on an ordinance that would require casinos to make 75 percent of the gaming floor nonsmoking.
The measure now goes to Mayor Bob Levy for his signature.
But the capacity audience left angrily disappointed and promising further action.
Thirty-one of the 33 people who addressed the council during a 2½-hour hearing were casino workers, health advocates or members of a teen anti-smoking group. Each called for an outright ban.
During the meeting, Vince Rennich, a nonsmoker and casino employee now fighting lung cancer, invited Casino Association of New Jersey President Joseph A. Corbo and City Council Members Dennis Mason and William Marsh to be his funeral pallbearers.
Afterward, he said anti-smoking advocates planned further protests to press for changes in the law.
“The casino executives sat in the back of the room and didn't say anything,” American Cancer Society Executive Vice President Tom Duffy said. “They knew they had this in the bag.”
In a statement Duffy called on Levy to veto the ordinance, while encouraging casino workers to push the fight in Trenton.
One of the few people who supported the measure, Borgata Hotel Casino &Spa employee Josh Brown, commended Mason for proposing the compromise. He said it saved jobs. As Brown praised the ventilation system in his casino, Regina Carlson, executive director of New Jersey Group Against Smoking Pollution, or GASP, interjected, “Nobody can clear the air with ventilation!” she said. “You're just like a member of the flat-earth society.”
The City Council ordinance addressed a loophole in a 2006 state anti-smoking law that generally banned smoking in public places except for cigar bars and the gaming floors of Atlantic City's 11 casinos.
After passing a nonbinding resolution supporting an outright ban in July, council proposed an ordinance in November that would completely ban smoking in casinos.
After more than a dozen hours of hearings, council introduced the 75 percent ban at its Jan. 24 meeting. It gives casinos deadlines to build separate enclosures for its smoking sections.
Councilmembers said the compromise was done in part to keep casinos from challenging the measure in court. Casinos had earlier complained about potentially losing customers to places where they could smoke, leading to job losses.
But people who spoke questioned council's turnaround. One person passed out photocopies of a profile of Marsh in January's Casino Connection magazine. In that magazine, he addressed possible casino revenue drop and job losses, but added, “What about the people who will lose their lives if this doesn't happen? It's not a fair trade, I don't believe.”
While council considered the measure, the resort's casino executives confessed they worry about spending millions of dollars on new enclosures and ventilation, only to have the state pass a total ban.
In a Wednesday afternoon conference call with gaming analysts, James B. Perry, chief executive officer of Trump Entertainment Resorts, operator of Donald Trump's three casinos, said he expected a smoke-free future.
“Generally speaking, we believe over the next three-year period smoking will be banned in almost all casinos throughout the United States or certainly on the eastern seaboard,” he said. “Long-term, we have to be prepared to operate these casinos in a smoke-free environment.”
Some analysts speculate that Atlantic City's partial smoking ban will spur at least one casino to voluntarily go smoke-free. Multiple casino owners such as Trump and Harrah's Entertainment Inc. are seen as the likely candidates.
Councilmen Tim Mancuso, Bruce Ward and Gene Robinson each voted against the measure.
Ward said the state anti-smoking law clearly violated the equal-protection clause in the state constitution by excluding casino workers. He questioned whether a partial ban would lead to the city being named in any possible class-action suit
“We gotta bite the bullet, and we gotta do it right or not do it at all,” he said to 15 seconds of applause.
Robinson, who wore an anti-smoking group's T-shirt to the meeting, questioned placing property rights over human rights.
Mancuso said he voted no so the state would reconsider a ban.
Afterwards, Marsh said he was satisfied with the ordinance.
He worried about taking on the casinos in court as Atlantic City undergoes a comprehensive revaluation. The compromise came closest to satisfying the needs.
“At the end of the day, it wasn't the best in the world,” Marsh said, “but we did something good.”
Staff writer Donald Wittkowski contributed to this report.