Casino Workers in Atlantic City Seek to End Indoor Smoking Rule
Casino workers in Atlantic City are continuing their fight to change the rule that allows indoor smoking in casinos and they have now appealed to the New Jersey Supreme Court to review their case.
AC casino workers urge NJ Supreme Court for smoking ban.
LISTEN TO THIS ARTICLE:The United Automobile Workers (UAW) Region 9 and Casino Employees Against Smoking Effects (CEASE), which represent casino staff, are challenging a previous court ruling. The organizations are arguing that allowing smoking inside casinos endangers employees by exposing them to secondhand smoke.
Questions over Constitutional Right to Safety
Specifically, they are going to the Supreme Court to appeal the previous ruling from Judge Bartels. He ruled that New Jersey’s Constitution doesn’t provide a guaranteed right to safety, but rather the right “to pursue and obtain” safety. The plaintiffs argue that excluding casino workers from regular workplace safety standards gives special treatment to the casino industry in Atlantic City, contradicting the state’s constitutional values.
The core of Bartels’ ruling was based on the unique legal standing of Atlantic City, which gives lawmakers control over gambling regulations within the city. This allows for exceptions to smoking rules in casinos. However, the plaintiffs argue that these exemptions unfairly discriminate against casino employees, violating their right to a safe work environment. They maintain that casino staff should have the same protections as other workers across the state.
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Casino Association Warns of Economic Impact
Opponents of a smoking ban, such as the Casino Association of New Jersey, argue that removing the exemption could hurt casino profits and potentially lead to job losses. They claim that customers could choose to visit casinos in nearby states where indoor smoking is still allowed. This concern has been noted by the court, especially the risk to revenue and taxes generated by casinos. However, casino employees argue that economic concerns should not outweigh their right to a healthy workplace.
Efforts to pass a legislative ban on smoking in casinos have gained bipartisan support but continue to face obstacles in the state legislature. Some lawmakers have proposed a compromise, allowing smoking in designated enclosed areas of casinos, though health advocates oppose this idea.
Republican Assemblyman John DiMaio and others support a full smoking ban, arguing that protecting the health of workers transcends politics. With support from both sides of the political aisle, advocates for the ban are hopeful that action will be taken soon, especially as New Jersey Governor Phil Murphy has said he would sign a bill banning casino smoking if it reaches his desk.
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