The United Auto Workers and another group have filed a lawsuit against New Jersey Gov. Phil Murphy and the state’s health commissioner alleging that a loophole in state law exposes casino workers to health problems from secondhand smoke. The lawsuit claims that the Smoke-Free Air Act, passed in 2006, prohibits smoking in enclosed indoor public places and workplaces, but exempts casino workers from the law’s protection, which is deemed unconstitutional and a violation of workers’ right to safety and equal protection. Casino workers have been advocating for protections under the smoke-free law for years, but progress has been slow in the New Jersey legislature.
The lawsuit, filed by the United Auto Workers union and a group called Casino Employees Against Smoking’s (Harmful) Effects, seeks a declaration that the exclusion of workers from the Smoke-Free Act is unconstitutional and requests attorney’s fees and costs. While New Jersey lawmakers have made some advances in addressing smoking in casinos, progress for protecting casino workers has faced obstacles. Governor Murphy has indicated that he would sign a bill banning smoking in casinos, according to a video posted on the American Nonsmokers’ Rights Foundation website.
Some patrons at Bally’s Atlantic City have expressed that cigarette smoke hinders their experience at the casino. One regular patron, Mark, noted that indoor smoking was banned during the pandemic and found it to be a non-inconvenience. Melody, a teacher from Middletown, New Jersey, described how the smoke makes her time at the slots miserable, with her eyes tearing up and clothes smelling of smoke. While some view smoking as an essential part of the gambling experience, others like Melody would visit Atlantic City more often if smoking was banned from casinos.
Despite the reinstatement of a smoking ban in New Jersey casinos on September 4, 2020, after the pandemic-related closures, smoking resumed fully in July 2021 following an executive order signed by Gov. Murphy. The impact of secondhand smoke on casino workers has been severe, with some experiencing cancer and other diseases related to smoking despite not being smokers themselves. The lawsuit filed by the United Auto Workers union and CEASE seeks to protect casino workers from the dangers of secondhand smoke and hold the state accountable for failing to ensure their safety.
The lawsuit against Gov. Murphy and the state’s health commissioner highlights the longstanding issue of secondhand smoke exposure in Atlantic City casinos and delves into the constitutional rights of casino workers to a safe work environment. The exclusion of casino workers from the Smoke-Free Air Act is deemed unconstitutional, as it favors casinos and denies workers their right to protection against the dangers of secondhand smoke. The legal action taken by the United Auto Workers union and CEASE aims to bring about change in New Jersey’s legislation to ensure the health and safety of casino workers in the state.
