The United Auto Workers and another group filed a lawsuit against New Jersey Gov. Phil Murphy and the state’s health commissioner claiming that a loophole in state law exposes casino workers to health problems from secondhand smoke. The lawsuit alleges that casino workers have been excluded from the protections of the Smoke-Free Air Act, which was passed in 2006 to prohibit smoking in enclosed indoor public places and workplaces. This exclusion is deemed unconstitutional as it grants favoritism to the casinos, denying workers their state constitutional right to safety and equal protection.
The United Auto Workers union, representing workers in several New Jersey casinos, filed the lawsuit along with a group called Casino Employees Against Smoking’s (Harmful) Effects. Workers have reported developing cancer and other smoking-related diseases despite not being smokers themselves. UAW President Shawn Fain stated that the casino workers have faced severe health issues and distress due to exposure to secondhand smoke. The lawsuit seeks a declaration that the exclusion of workers from the Smoke-Free Act is unconstitutional and requests attorney’s fees and costs.
New Jersey lawmakers have made some advances in legislation regarding smoking in casinos, but progress for protecting casino workers from secondhand smoke has been slow. Governor Murphy has expressed support for a bill banning smoking in casinos, but progress has faced obstacles. Some casino patrons have expressed frustration with indoor smoking, with one regular patron at Bally’s Atlantic City noting that it was not an inconvenience when smoking was banned during the pandemic. Melody, a teacher from Middletown, New Jersey, described the smoke in casinos as making her time at the slots miserable, and stated that she would visit more often if smoking was banned.
In response to the lawsuit, the New Jersey Health Department and Murphy’s office have declined to comment on pending litigation. While indoor smoking was reinstated in New Jersey casinos in July 2021 after being temporarily banned at the start of the pandemic, some patrons and workers have continued to advocate for a smoking ban. However, for many, smoking remains a quintessential part of the gambling experience, with some patrons indicating that they would cease visiting casinos if smoking were banned.
The lawsuit highlights the ongoing debate around smoking in Atlantic City casinos and the impact of secondhand smoke on casino workers. Despite the progress made in legislation, challenges remain in ensuring the safety and well-being of casino workers who are exposed to secondhand smoke. The legal action taken by the United Auto Workers and other groups sheds light on the need for continued advocacy and efforts to protect casino workers from the harmful effects of smoking in the workplace.
