New Jersey Supreme Court Rejects Emergency Request to Halt Casino Smoking

Posted on: September 16, 2024, 10:52h. 

Last updated on: September 16, 2024, 11:03h.

Devin O'Connor @CasinoorgDevinO Read More
Expertise: Asia Pacific Gaming, Commercial Gaming, Legislation, Politics.

The New Jersey Supreme Court has rejected an emergency relief request from plaintiffs challenging the state’s ongoing allowance of smoking inside Atlantic City casinos.

Atlantic City casino smoking lawsuit New Jersey
Atlantic City casino workers who want indoor smoking outlawed argue that their rights to a safe workplace are being violated. The New Jersey Supreme Court will soon rule whether that claim has merit. (Image: AP)

The state’s highest court ruled the lawsuit challenging the exemptions included in the 2006 Smoke-Free Air Act that allow tobacco use inside casinos and parimutuel wagering facilities “shall proceed in the ordinary course.” Plaintiffs argue that the 2006 loopholes violate casino workers’ rights to a safe workplace afforded to them under the New Jersey Constitution.

The United Auto Workers (UAW) and Casino Employees Against Smoking Effects (CEASE) asked the high court for emergency relief as the bench considers whether to accept the case. The request was for the court to issue an injunction to immediately halt casino smoking inside the nine properties down the shore.

“Applicant’s request for emergency relief in the form of a temporary injunction is denied,” the application response signed by a clerk for Justice Anne Patterson read. “The matter does not warrant adjudication on short notice. The applicant’s appeal shall proceed in the ordinary course unless subsequently ordered accelerated by the Appellate Division.”

Case Continued

The UAW represents table game dealers and slot machine attendants at several Atlantic City casinos. CEASE began as a grassroots coalition of casino workers opposed to indoor smoking, but has since grown to become a powerful ally of the nationwide movement for clean indoor air.

The Americans Nonsmokers’ Rights (ANR) Foundation is the largest nonprofit in the country seeking to eliminate indoor smoking where it remains allowed. The casino industry remains one of the largest business sectors where indoor smoking continues to be prevalent. Fourteen states still allow smoking inside commercial casinos.

The ANR has helped CEASE expand and organize chapters in Pennsylvania, Rhode Island, Virginia, Kansas, Nevada, and Mississippi. Those states are among the 14 that allow cigarettes and cigars inside casinos.

In the Atlantic City casino lawsuit, Mercer County Judge Patrick Bartels ruled in August that the case should be dismissed. Bartels said the plaintiffs’ allegations that their rights to a safe workplace are being violated are meritless because the 2006 smoking law doesn’t impede their freedom to find employment in a smoke-free environment.

Legislative Solution 

Gov. Phil Murphy (D) remains supportive of eliminating the indoor casino smoking exemptions but wants the change to come through the legislature instead of the courts. New Jersey Republicans last week said they’d get a bill to the governor’s desk if Democrats, who control both legislative chambers, want to amend the 2006 smoking law.

In previous legislative sessions, bills to close the smoking loopholes gained enough support by way of co-sponsors to get the statutes to Murphy. However, Democratic leadership stalled floor votes after the casinos and a larger union, Unite Here Local 54, which represents nongaming resort workers, argued a smoking ban would hurt revenue and lead to thousands of layoffs.

Local 54 represents employees like food and beverage staff, housekeepers, and bellmen.

The New Jersey Supreme Court typically determines whether to grant a petition review within 30 days, meaning its decision regarding the UAW and CEASE appeal should be issued within the next two weeks.