New Jersey Supreme Court Rejects Casino Anti-Smoking AppealIssue Remains In Lower Court |
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An attempt to appeal a lawsuit to ban smoking in New Jersey casinos to the state’s supreme court was rejected last week.
Some unionized casino employees had been seeking relief in the courts and argued that they have a constitutional right to clean air while working in a casino. The group sought an emergency injunction, but the rejection keeps the issue at the appellate court level.
“My clients are disappointed that the daily assault on their health is not concerning enough to require at least a pause while we litigate the legal issues,” said Nancy Erika Smith, an attorney for the United Auto Workers Union.
Court Battle Continues
The union and Casino Employees Against Smoking Effects (CEASE) have argued that indoor smoking in casinos puts employees at risk and that exempting casinos from state smoking laws violates the New Jersey Constitution.
Earlier this month, a state judge dismissed a lawsuit seeking to end smoking in casinos. The judge rejected claims that the carveout in the New Jersey Smoke-Free Air Act allowing some smoking in casinos violates the state constitution.
The issue has gained momentum in recent years after state legislators haven’t agreed on legislation banning smoking. As the state has experienced declining live casino revenue in recent years, some in the industry as well as legislators and other union workers have argued that banning smoking could hurt casinos even more and ultimately lead to job losses.
Critics of anti-smoking efforts also note that smoking is only allowed on only 25% of the casino floor.
“As lawmakers continue to proceed with the annual state budget process, representatives in the New Jersey Legislature must understand the perilous economic situation at hand for my members, and indeed all workers in Atlantic City,” Unite Here Local 54 President Donna DeCaprio said earlier this year. The union represents Atlantic City’s largest group of casino workers.
“Not only is the overall in-person revenue troubling — but the size of the declines at some of the individual properties portends some serious instability for thousands of workers. The legislators need to take this into consideration as they consider policies that could compound the downward trends.”
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