Perhaps you mean that casinos in Atlantic City actually will not kick you out if they suspect you're counting cards, or they're bound by some law to allow you to keep playing?

If counting cards were actually illegal, we'd be a lot further along on our way to Orwell's 1984. You can't outlaw thought (yet).

The fact that there's something to "suspect you of" is the whole problem. Doing the same (counting cards) in poker is explicitly encouraged, and the ability to know what cards remain in the deck is highly prized.

Blackjack is just not a very well-designed game.