New Jersey Casino Smoking Ban Dispute Set To Enter New Battle

Article by : Erik Gibbs Sep 12, 2024

• 
• 

The debate over banning smoking in Atlantic City casinos is set to heat up once again as key political and legal moves are shaping a new battle. Recently, Assembly Republicans and casino worker unions took significant steps to push forward the prohibition of smoking inside casinos.

On the political side, New Jersey Assembly Republicans have committed to backing a full smoking ban in Atlantic City’s casinos. This move comes as a response to Democratic leaders who have yet to secure the majority needed to pass the bill.

The bill aims to eliminate the current carveout that allows casinos to designate up to 25% of their gaming floors for smoking. Assembly Minority Leader John DiMaio emphasized the need for legislative action, stating that Republicans are ready to support the bill to protect workers from the dangers of secondhand smoke.

With 42 sponsors and co-sponsors, including 13 Republicans, the bill is expected to pass if brought to a vote. However, legislative leaders, including Assembly Speaker Craig Coughlin, have hesitated to move forward, citing concerns over potential revenue loss for casinos. Governor Phil Murphy, on the other hand, has already expressed his willingness to sign the bill into law if it reaches his desk.

On the legal front, the fight is also intensifying. The United Auto Workers (UAW) Region 9 and the group Casino Employees Against Smoking Effects (CEASE NJ) have filed an appeal with the New Jersey Supreme Court, challenging a lower court’s ruling that dismissed their case for a smoking ban. The appeal argues that exposure to secondhand smoke causes immediate and irreparable harm to casino workers, referencing findings from the Centers for Disease Control and Prevention (CDC) and the New Jersey Commissioner of Health.

The legal push follows a ruling from Chancery Division Judge Patrick Bartels, who dismissed the case in late August. Judge Bartels stated that the exceptions allowed by New Jersey’s Smoke-Free Air Act, which permits smoking in certain indoor spaces like casinos, do not violate the state constitution. He pointed out that while secondhand smoke is a known health risk, casino workers are not prevented from seeking jobs in smoke-free environments, and the Smoke-Free Air Act affects only a few industries.

Despite this setback, worker unions and anti-smoking advocates remain determined. They argue that the health of casino employees is at risk and that exceptions for smoking in casinos should be removed for their safety. Their emergency appeal to the state’s Supreme Court seeks to classify the issue as an urgent matter requiring immediate legal intervention.