Proposed smoking ban adds Atlantic City casinos

Rosa Cirianni

Tuesday, March 15, 2005 | 9:26 a.m.

TRENTON, N.J. -- Gamblers would not be allowed to light up on casino floors under a measure passed Monday by a Senate committee that adds casinos to restaurants, bars and offices where lawmakers want to stub out cigarette smoking.

"I am thrilled that we are one step closer to improving public health," said Sen. John Adler, D-Camden, who crafted the proposed New Jersey Smoke-Free Air Act.

After hearing more than two hours of testimony, the Senate Health Committee added casino floors and fraternal organizations, such as Elks Lodges and VFW halls, to the list of places where smoking would be banned. Lawmakers voted 7-0 for the measure; Sen. Ronald Rice, D-Essex, abstained.

"No one has the right to engage in conduct that harms others," said Fred Jacobs, commissioner of Health and Senior Services for the state. "The public's health demands we take action."

Lawmakers, responding to criticism from restaurant owners who claim their businesses will suffer under the proposed ban, said adding casinos to the bill was fair.

"We made the playing field level," said Sen. Joseph Vitale, D-Middlesex, committee chairman. "No one is disadvantaged."

Representatives from the Casino Association of New Jersey said a ban would harm the state economy and asked officials to consider creative ways, such as better ventilation, to handle smoking instead of imposing a ban.

Larry Mullin, chief operating officer of the Borgata, said the association estimates 5,000 jobs would be lost in Atlantic City casinos, which would suffer a 15 percent drop in revenue, if the ban is passed.

Other bar, restaurant and tavern owners echoed Mullin. They argued that customers now have a choice whether to patronize a smoking establishment.

"Our customers should dictate our business, not our government," said Terry Duffy, owner of Duffy's Tavern and the smoke-free Duffy's Riverside Grill in Paterson. "This is our bread and butter. This is what we do for a living."

If the ban in New Jersey is passed, then the state would join New York, Massachusetts, California and a handful of others that prohibit indoor smoking in public places.

Tobacco shops whose sales of tobacco products account for the majority of their retail sales, and some cigar lounges, would be allowed to host smokers under the latest proposal.

The proposal now heads to the full Senate.

"I believe this bill could become law this year," Adler said. "We know that bar business and restaurant business will increase. It happened in New York City. It will happen in New Jersey. We can improve the economy and public health all in one clean breath."