Anti-smoking advocates in New Jersey are facing a setback as the state Supreme Court denied an expedited appeal of a lower court ruling that permitted smoking to continue inside Atlantic City casinos. The United Auto Workers (UAW), representing dealers and slot attendants in Atlantic City, had requested a temporary injunction to stop the exemption to New Jersey’s Smoke-Free Air Act of 2006 while the appeal was being considered. However, the Supreme Court deemed that the request did not merit immediate attention.
This decision marks another obstacle for a group of casino workers who have been pushing for a smoking ban in casinos through various channels, including legislative efforts and legal challenges. Nancy Erika Smith, the attorney representing the UAW, expressed disappointment that the health concerns of her clients were not deemed urgent enough to pause smoking in casinos during the legal proceedings.
The case will now continue in the Appellate Division, where the union and Casino Employees Against Smoking Effects, another plaintiff, had also requested an expedited appeal. Both parties argued that secondhand smoke poses serious health risks to casino workers and called for extending the indoor smoking ban to casinos while the litigation unfolds.
In a previous ruling on August 30, Superior Court Judge Patrick Bartels dismissed the argument that the smoking exemption was unconstitutional, citing that the state constitution only guarantees the right to pursue safety, not safety itself. Despite the setback, the fight to protect casino workers from the dangers of secondhand smoke continues.
It is evident that the battle between anti-smoking advocates and the casino industry in New Jersey is far from over. The debate over smoking regulations in casinos raises important questions about public health, workers’ rights, and the balance between personal freedom and public safety. As the legal proceedings unfold, stakeholders on both sides of the issue await the final outcome that will shape the future of smoking policies in Atlantic City casinos. The decision of the New Jersey Supreme Court sets a precedent for how similar cases may be handled in the future and highlights the complexities of addressing public health concerns in a diverse and multifaceted industry like the gaming sector.