- A lawsuit challenging casino smoking in Atlantic City continued in state court
- Casino workers claim their rights under the state constitution have been violated
- A Superior Court judge ruled against the claim in August 2024
A legal challenge questioning whether the allowance of smoking inside Atlantic City casinos violates workers’ rights under the New Jersey Constitution got another day in court today.
In April 2024, a group of Atlantic City casino workers who wished to work in a smoke-free environment filed a lawsuit against the state with the financial support of the United Auto Workers (UAW), a union that represents gaming employees such as table game dealers, slot attendants, poker clerks, and casino hosts.
CEASE, or Casino Employees Against Smoking Effects, alleged in their complaint that New Jersey’s 2006 Smoke-Free Air Act violates the state constitution because it provides casinos with an exemption to designate up to 25% of their gaming floor space for tobacco smoking.
CEASE and UAW attorneys cited the state constitution’s language that says “all persons are by nature free and independent, and have certain natural and unalienable rights, among which are … pursuing and obtaining safety and happiness.” They contended that not being able to work at a casino without being exposed to harmful secondhand smoke violates those unalienable rights.
Case Continued
In August of 2024, Superior Court Judge Patrick Bartels sided with the state in that the smoking law doesn’t violate the New Jersey Constitution. He ruled that since casino smoking has always been allowed, and not recently implemented, casino employees knew what they were signing up for when they decided to work in the industry.
Bartels says no one is stopping a casino employee from finding work in a smoke-free environment, and, therefore, their unalienable rights are not being alienated.
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 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,” Bartels wrote.
The UAW and CEASE appealed, and the Press of Atlantic City reports that a three-judge appellate panel considered the case this afternoon in Trenton. A decision from the trio is expected in the coming weeks.
Bipartisan Support
Efforts to end the Atlantic City casino smoking provision have been considered in Trenton in recent legislative sessions. Despite bipartisan support, Democratic leaders have been accused of holding up votes to appease the casinos, which claim a smoking ban would lead to thousands of job layoffs, as many gamblers who smoke would patronize Philadelphia casinos where smoking is also allowed.
Atlantic City casinos have proposed implementing smoking rooms where employees would not be required to work. New Jersey Governor-elect Miki Sherrill (D) supports making the casinos go smoke-free.
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