For years now, casino smoking in New Jersey has been allowed while anti-smoking advocates faced a tough road in their fight against the practice. There is a state wide ban on lighting up in a public places or work spaces, but there is an exemption for casinos. In fact, all across the country casinos tend to get a pass on this issue. But changing attitudes could put an end to that. The Smoke-Free Air Act was passed back in 2006, but now one of the original authors of that legislation is petitioning to have the casino carve out removed.

Loretta Weinberg is a former state Senator, and last month she voiced her opposition to the casino loophole. In an opinion piece for NJ.com, she explained that pressure from the tobacco industry led to casino smoking being excluded from the indoor smoking ban. She was a key sponsor of the original bill that aimed to prohibit indoor smoking, and stated that “With other legislators, I fought the powerful tobacco industry and the third-party advocates the industry manipulated and mobilized to fight smoking restrictions.

Weinberg specifically called on two officials: Governor Phil Murphy and Department of Health Commissioner Kaitlan Baston. She urged them to withdraw their opposition to a lawsuit filed by Casino Employees Against Smoking Effects (CEASE), a group of casino workers and their union, the United Auto Workers. The lawsuit accuses Murphy and Baston of neglecting to protect casino workers by exempting casinos from the smoking ban.

Additionally, Weinberg challenged casino operators’ claims that banning casino smoking would lead to a decline in revenue and force casinos to close. That has not been the case in the 21 states with thriving smoke-free casinos. Last year, bills to lift the casino exemption from the smoking ban did not make it to a floor vote, but the effort is expected to be revived in the new legislative session. Murphy has previously stated he would sign any casino smoking ban bill that reaches his desk.