New Jersey Casinos are Flouting the New Jersey Smoke-Free Air Act

by Regina Carlson, Executive Director, New Jersey GASP, 8/3/2006, updated 4/11/2007

During June and July 2006, New Jersey GASP observers visited every casino in New Jersey at least twice to determine if the casinos were complying with the New Jersey Smoke-Free Air Act (NJ SFAA). In every casino, there was smoking present in smoking-prohibited areas and widespread evidence that casino staff were not enforcing the law. Also, signs, required by the NJ SFAA, were absent, poorly placed, or poorly designed. In addition, ashtrays and cigarette receptacles were present in smoking-prohibited areas.

Comparing casinos’ responses to smoking behaviors with other disallowed behaviors, specifically the use of cell phones while at gaming tables, makes it apparent that casinos are not making a good faith effort to comply with the law. This noncompliance stands out in high relief when compared with the situation in New Jersey restaurants, bars, and bowling alleys, where New Jersey GASP also sent observers; in those sites compliance was essentially 100%.

The noncompliance at casinos observed by New Jersey GASP is similar to that documented earlier by a reporter and by the New Jersey Commissioner of Health. Press of Atlantic City reporter Elaine Rose photographed her observations. Dr. Jacobs observed significant non-compliance in spring 2006 and wrote to every casino and the Casino Control Commission with his concerns. Commissioner Jacobs also announced his observation of the noncompliance at his April 10, 2007 Trenton press conference on the first year of the NJ SFAA.

Finally, this situation is likely to deteriorate; people who want to smoke and see others “getting away with it” will likely light up.

Below are some of the specific casino incidents reported by the New Jersey GASP observers. Note that our protocol was to use just one or two observers who remained in each area for 15-30 minutes, so observing even a few violations indicates a consistent pattern of violations.

• Taj Mahal – ten people smoking in lobby area, smoker in men’s restroom, butts in urinals
• Borgata – 18 incidents counted in a 20-minute period. At no time was any smoking person confronted by casino personnel, including security guards and management personnel wearing suits and name tags. Ash trays and cigarette receptacles were present throughout the non-smoking areas, some more than 50 feet from the nearest gambling area. Many of these had cigarette butts in them.
• Trump Marina – smoking in lobby.
• Harrah’s – Smoking in walkway near elevator, outside restrooms within a few feet of security guard
• Sands – employee was removing cigarette butts from ash receptacles in non-smoking areas. Butts in urinals.
• Several casinos – most signs seemed like they were designed to blend into the scenery and not be noticed.
• Trump Marina – had a large sign but it was placed so it was facing people leaving the casino, not entering. It did not have a sign in a men’s restroom.
• Resorts – Smoking in men’s restrooms, in bar off of the gambling floor, on escalator. These incidents were in clear view of waitress, security guard, and bar tender. When questioned about this, a waitress replied, “People smoke here. Nobody minds.”
• Bally’s – people smoking in nonsmoking area near bar on east side of the casino, not confronted by Bally’s staff.
• Tropicana – on the upper level, near night clubs, five people were observed smoking without being challenged by staff. Non-smoking signs were prominent. On the lower level, seven people were observed smoking. A security guard confronted a smoker and led him to a cigarette receptacle; this was the only time a smoker in the nonsmoking area was observed to be confronted by casino staff.
• Hilton – on the upper level gambling floor three patrons left the gambling area while carrying lighted cigarettes, walked across a nonsmoking area, and into the men’s restroom where they continued to smoke; attendant did not confront them.
• Showboat – five people observed smoking in bar contiguous to gaming floor and nonsmoking area; one smoker at “comp” machine in the nonsmoking area Bally’s – butts in smoking-prohibited areas Hilton – smoker in nonsmoking area, not confronted though in clear view of security guard.
• Trump Plaza East Tower (voluntarily nonsmoking gaming area) – three smokers observed
• Caesars – smoking in lobby, hallways outside shops areas.