Casino workers ask New Jersey Supreme Court to take up smoking ban case

(The Center Square) — A labor union is asking New Jersey's highest court to overturn a recent lower court ruling that allowed tobacco smoking to continue in Atlantic City’s casinos, arguing that it imperils the lives of workers.

A lawsuit, filed in April by United Auto Workers Region 9 — which represents dealers, slot machine attendants and other workers — sought to overturn New Jersey's indoor smoking law, which bans it in nearly every workplace except casinos.

Earlier this month, state Superior Court judge Patrick Bartel rejected claims by the plaintiffs that ruled a provision of New Jersey's Smoke-Free Air Act that allows smoking in casinos and their simulcasting facilities is unconstitutional. In his ruling, Bartel said the workers' "reliance on a constitutional right to safety is not well-settled law" and suggested they would not prevail in court with the claims.

But the union is asking the state Supreme Court to overturn that ruling, arguing that the health impacts of second-hand smoke threaten the lives of casino workers in violation of constitutional protections.

“In this case, exclusion of casino workers from safety protections given to other workers is blatant favoritism for a powerful industry located in only one municipality in the State, precisely what the New Jersey Constitution prevents," lawyers for the plaintiffs wrote in a court filing.

The lower court's ruling was a victory for casinos but a big setback for workers who have been trying for years to ban smoking in their workplaces through proposed legislation and, ultimately, a legal challenge.

Casino operators had argued that thousands of jobs and millions of dollars in gambling revenue and taxes could be lost if smoking was banned inside the facilities. They pointed out that smoking is only allowed in about 25% of the floor areas in most Atlantic City casinos.

However, the workers argue that the carve-out in the law that allows casinos to skirt the state's indoor smoking bans is unconstitutional and that they are entitled to a smoke-free workplace like most other businesses.

New Jersey has wrangled over the issue of smoking in Atlantic City casinos for more than a year. During the pandemic, Gov. Phil Murphy issued executive orders that paused the practice, but that went away with the end of state and federal emergency public health regulations.

Meanwhile, Republican lawmakers say they will join Democrats to support a proposal that would ban smoking in casinos, which has been stalled in the legislative committee for more than a year. They're calling for a vote on the measure, which has more than two sponsors in the Assembly, including 13 Republicans.

"If Democrats are serious about protecting workers, Republicans are ready to help pass the bill," Assemblyman Minority Leader John DiMaioDiMaio, R-Hunterdon, Somerset and Warren, said in a statement. "We need legislative action, not excuses."