Casino employees in Atlantic City are taking legal action against the State of New Jersey, challenging a law that permits smoking within the city’s nine casinos. Despite a statewide ban on workplace smoking in place for almost two decades, casinos remain an exception to this rule, alongside a few specific venues like cigar bars.
The Announcement of the Lawsuit
The announcement of the lawsuit came during a press conference in Trenton on April 5, spearheaded by anti-smoking groups. Filed on April 5 in the Mercer County Superior Court, the legal action aims to address the continued allowance of indoor smoking in casinos.
Cynthia Hallett, President and CEO of Americans for Nonsmokers’ Rights, emphasized the need for New Jersey’s legislators to eliminate the casino smoking exemption and ensure the health protection of all New Jersey workers from secondhand smoke’s detrimental effects. She pointed out the lawsuit as a crucial step towards achieving this goal.
The lawsuit, involving United Auto Workers Region 9 and the Casino Employees Against Smoking’s Effects (C.E.A.S.E.) as plaintiffs, targets Governor Phil Murphy and the state health commissioner, accusing them of compromising casino workers’ rights to safety and equal protection by exempting their workplaces from the 2006 Smoke-Free Air Act. It argues that the Act, by creating an exemption for casinos, is unconstitutional.
UAW Region 9 represents table game dealers in three of Atlantic City’s casinos and is the sole labor union for these workers in the city. C.E.A.S.E. originated from a group of dealers at Borgata Hotel Casino & Spa, advocating for a smoke-free working environment especially after COVID-19 restrictions were lifted, allowing smoking to resume in casinos.
Growing Support for a Smoking Ban in AC
There’s growing support for a comprehensive smoking ban in Atlantic City’s casinos among lawmakers, with a bill poised to pass given its backing. Governor Murphy has also expressed his willingness to sign such a bill into law. However, the casino industry is seeking a middle ground, proposing legislation to limit indoor smoking to 25% of the casino floor and to ban it near live dealer games. This proposal also includes provisions for smoking in enclosed gaming areas without mandating employees to work in these spaces.
The UAW, through its President Shawn Fain, has firmly rejected any compromise that jeopardizes worker health, stating that no job should require risking one’s health.
The lawsuit seeks a court ruling to declare the 2006 Smoke-Free Air Act’s exemption for casinos as unconstitutional and to permanently prohibit its enforcement.
