A Superior Court judge today dismissed a lawsuit to ban smoking in Atlantic City casinos, but the casino workers union that sought immediate injunctive relief wants the New Jersey Supreme Court to hear the case on an expedited basis.
Chancery Division Judge Patrick Bartels dismissed the case filed by the United Auto Workers Region 9 and CEASE NJ, saying the “exceptions in the Smoke-Free Air Act do not intrude upon a person’s safety under the New Jersey Constitution.”
“Because of the publicly known risks of secondhand smoke, that smoking has never been banned in casinos except for a short period during COVID-19, that the Smoke-Free Air Act’s exceptions only affect a few industries, and that the Smoke-Free Air Act does not hinder or affect a person’s ability to seek work in a smoke-free environment, it cannot be said that Governor Murphy or the New Jersey Legislature’s actions in providing exceptions to the Smoke-Free Air Act restricts the casino workers’ right to pursue safety under the New Jersey Constitution.”
The UAW attorney, Nancy Eria Smith, said the “workers exposed to toxic second-hand smoke every day are extremely disappointed in the judge’s decision siding with Governor Murphy, who chooses to endanger the health of casino employees in deference to the casino industry.”
“As noted by the CDC, sixty minutes of exposure to cigarette smoke damages the human body. While the rest of the nation moves away from poisoning workers for profits, New Jersey shames itself,” said Smith. “The New Jersey Constitution specifically prohibits ‘special laws’ that exclude some people from legal protections, like the Smoke Free Air Act excludes only casino workers. The Constitution and established precedent also prohibit laws that provide special favors for corporations.”
Senate Health Committee Chairman Joseph Vitale (D-Woodbridge) said he was disappointed by the ruling.”
“It is shameful that after nearly 20 years, and passage of a law that banned indoor smoking in almost all businesses save for casinos, we as a state refuse to stand up and protect employees, patrons and others who will, because of this ruling, continue to be subjected to secondhand smoke throughout their workday,” stated Vitale.
Vitale said the “casino industry remains a formidable opponent of workers’ health.’
“As long as the Governor, the Legislature and the Courts allow the extremely rich casino industry to poison its workers, we will continue our fight,” said Smith.