A judge dismissed a lawsuit on Friday that sought to ban smoking in Atlantic City, N.J., a blow to workers who argued that a loophole exempting casinos from a statewide ban on indoor smoking forced them to work in a “poisonous” environment. The exemption, the judge said, did not keep workers from pursuing employment in smoke-free environments.
In his ruling, the judge, Patrick J. Bartels, said the exemption in the state’s Smoke-Free Air Act — passed in 2006 by New Jersey legislators who cited health risks from secondhand smoke — did not “intrude upon a person’s right to pursue safety” under the state’s Constitution, because the exemption applied to only a “few industries.”
Mark Giannantonio, the president of the Casino Association of New Jersey, said on Saturday his organization was “gratified by the court’s decision.”
“We look forward to continuing to work with stakeholders towards a solution that addresses the health concerns of our employees, while also protecting the collective interest and well-being of the entire Atlantic City work force,” he said.
The lawsuit, filed by two groups representing thousands of casino workers at all nine of the state’s casinos, listed Gov. Philip D. Murphy of New Jersey as one of a few defendants.
Nancy Erika Smith, a lawyer representing the workers, said they planned to appeal the ruling to the State Supreme Court on an expedited basis.
“The workers exposed to toxic secondhand 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,” she said.
The groups also urged state lawmakers to “uphold their responsibility to finally do the right thing” by passing legislation to extend the ban to casinos.
Since 2006, smoking has been banned in virtually all indoor workplaces in the state. Casino employees have long tried to persuade state lawmakers to include casinos in the ban, arguing that the exemption prioritizes revenue over workers’ health and safety. Legislation appeared to build momentum in 2022, but it ultimately stalled.
On Saturday, the governor’s office pointed to Mr. Murphy’s remarks in 2021 that if legislation reached his desk, he would sign it into law.
Unwilling to wait further, the workers brought their efforts to court. In April, the two groups — Region 9 of the United Auto Workers, and an organization called Casino Employees Against Smoking Effects — filed a lawsuit in State Superior Court in Mercer County. The suit argued that the law violated provisions of the State Constitution guaranteeing residents a right to safety and forbidding lawmakers from passing “special laws” or showing favoritism to casino owners.
“The casinos got a favor from the Legislature that the Legislature has never explained, never given any reason, and it was in an act where they said the purpose of the act was to protect workers from sickness and death,” Ms. Smith said at a May hearing.
The purpose of the law was “not to put money into casinos’ pockets,” she added.
Despite not being named in the lawsuit, the casino association had filed a motion asking the court to dismiss the casino workers’ case. And during the hearing, Christopher Porrino, an association lawyer, said that despite Ms. Smith’s interpretation, residents were not guaranteed the right to safety, only the right to “pursue” safety. Ultimately, he said, it was up to the Legislature to decide whether the ban should be extended.
“Our elected officials struck what they believed was the most appropriate balance and have had the opportunity every year for 18 years since the act was passed to strike a different balance,” he said. “If the Legislature changes its collective mind and decides to strike a different balance, then the law will change.”
Deputy Attorney General Robert McGuire, who represented the state, warned that outlawing smoking would be devastating not just for casino owners, but also for workers. He said a ban could potentially decimate Atlantic City’s gambling and tourism businesses, jeopardize thousands of jobs and reduce the amount of money casinos deposit into the state’s Casino Revenue Fund, which supports programs for older adults and people with disabilities.
But, Ms. Smith said, the state previously enforced a ban in gambling halls for 16 months when Covid-19 hit, and it had little effect on casinos’ bottom line. Anyone claiming a permanent ban would be different would be fearmongering, she said.
Not all casino workers, including those working in nonsmoking areas, supported the lawsuit. The largest union representing casino employees, UNITE HERE Local 54, filed a motion asking the judge to dismiss the case, also citing concerns about the effect a ban might have on business.
Because most states with legalized gambling already prohibit smoking inside casinos, Atlantic City is one of only a handful of places where gamblers can smoke indoors. (A few states, including Nevada, also allow smoking.)
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