The long-standing debate over indoor smoking in Atlantic City casinos has taken a significant turn.
Casino workers intensified their legal pursuit against an exemption in New Jersey's Smoke-Free Air Act. This exemption, in place since 2006, allows smoking on casino floors, contrary to the statewide ban on smoking in most indoor public spaces, where no smoking signs are prominently displayed.
The fight has been ongoing since last spring. It even prompted a retired New Jersey Senator to chime in.
21 across already have thriving smoke-free casinos, including Pennsylvania, where its newest casino, which is set to open in April, will adopt a smoke-free policy.
Two smoke-free casino bills were recently introduced in Missouri, and we have even see cruise ships changing their policies.
Casino Workers Fight for Healthier Workplaces
For nearly twenty years, casino employees, supported by the United Auto Workers union and the advocacy group Casino Employees Against Smoking’s Effects (CEASE), have argued against the exemption.
They claim that this exception exposes workers to secondhand smoke, violating their rights under the New Jersey Constitution. Specifically, they cite the "right to pursue and obtain safety and happiness" and argue this should include a workplace free of health hazards like secondhand smoke.
Previous attempts to eliminate the exemption through legislative measures have stalled over economic concerns. However, the legal battle saw renewed momentum last month. The New Jersey Appellate Court Division overturned a previous dismissal of the workers' lawsuit. The appeals court called for a more comprehensive examination of the economic implications of the smoking ban and suggested that the New Jersey Supreme Court should weigh in on the constitutional questions at play.
New Jersey Supreme Court Asked to Review the Case
In response, attorney Nancy Erika Smith, representing the casino workers, filed a petition urging the Supreme Court to resolve these fundamental issues directly. Smith argues that the exemption extends unconstitutional special treatment to the casino industry, prioritizing economic considerations over workers' health.
The petition reflects the broader concerns of casino employees who face daily exposure to secondhand smoke, risking severe health issues. They point out that in other indoor venues across New Jersey, where no-smoking signs are required, such protections are standard, highlighting a disparity that should not exist.
Should the Supreme Court agree to hear the case and rule in favor of the workers, a full ban on indoor smoking in Atlantic City casinos could be mandated without requiring new legislation. Conversely, if the court declines the case or rules otherwise, the matter may continue through lower courts for further examination and possible appeals.
What’s Next for the Legal Battle?
As this legal journey unfolds, it underscores the ongoing friction between safeguarding public health, ensuring workers' rights, and addressing economic arguments from the casino sector. Casino representatives have long argued that smoking is intertwined with customer preferences and revenue, making this case a focal point in balancing these competing interests.
The decision from the Supreme Court remains pending, and stakeholders across New Jersey are watching closely, aware of the potential implications any ruling may have on the casino industry and public health policies. In the meantime, the presence or absence of no-smoking signs within casinos stands as a potent symbol of the larger conflict over public health protections in these unique venues.
Online Casinos: A Smoke-Free Alternative
Amid these developments, it's worth noting that New Jersey is one of the states that offer legal, real-money online casinos.
This presents a smoke-free alternative for those who prefer to gamble from the comfort of their homes. By playing online, individuals can avoid the risks associated with secondhand smoke in physical casinos while still enjoying a range of gaming options. This option not only provides convenience but also aligns with growing public health standards aimed at reducing exposure to harmful smoke.
