Ruling allows smoking in Atlantic City casinos to continue - for now
By: Katie sobko
NorthJersey.com
USA Today Network - New Jersey
..... Smoking will still be allowed in Atlantic City casinos, at least for a while longer, after a Superior Court ruling Friday [08/30/2024] afternoon dismissed a lawsuit field by United Auto Workers Region 9 and CEASE NJ calling for the casino exemption ban to be removed.
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The suit, filed earlier this year, [2024] sought an injunction that would ban smoking in casinos in Atlantic City in accordance with the indoor smoking ban implemented as part of the state's Smoke-Free Air act.
..... Nancy Erika Smith, an attorney for the casino workers, said they will turn to the New Jersey Supreme court to hear this case on an expedited basis.
..... "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," Smith said in a statement.
..... Smith went on to say "New Jersey shames itself" and that the state constitution "specifically prohibited 'special laws' that exclude some people from legal protections, like the Smoke-Free Air Act excludes only casino workers."
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The suit named both Governor Phil Murphy and acting Health Commissioner Kaitlan Baston as defendants was was a result of years of inaction on changing the exemption that casinos were given from the 2006 Smoke-Free Air Act.
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Workers allege a violation of their constitutional right to safe working conditions and say the persistent smoke they encounter at work has led to chronic illnesses and in some cases death.
..... State Senator Joseph Vitale, who heads the upper chamber's health committee, said in a statement that he's deeply disappointed by this ruling, which will allow second had smoke to continue to poison the air in Atlantic City casinos, thus putting the health and safety of casino workers and patrons at grave risk."
..... "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," he said.
..... A bill sponsored by Vitale that would ban smoking in casinos cleared committee in the upper chamber but has not moved further. A companion bill hasn't moved in the Assembly.
..... Similar legislation has been introduced every session for nearly two decades.