AC, NJ, Casinos Win on Smoking: ‘Safety Not A Fundamental Right’

Especially in light of New York City casinos coming on board, the Atlantic City, New Jersey casinos have been fighting for years to keep a smoking exemption in place.

On Friday, August 30, 2024, a New Jersey Superior Court Judge dismissed a lawsuit by Casino Employees Against Smoking Effects (CEASE) and the United Auto Workers (UAW), in their long-time efforts to end smoking at The Atlantic City, New Jersey casinos.

New Jersey casino employees are asking:

COURT: "While The Court Is Sympathetic To The Health Hazards, It Has Determined That Safety Is Not A Fundamental Right."

“Casino Workers Ask if Legislators Agree That "Safety is Not a Fundamental Right" and Urge Them to Finally Act on Bipartisan Bill Supported By Majority of New Jerseyans.”

I have conducted hundreds of hours of interviews with casino employees and those who support keeping limited smoking available in the Atlantic City casinos.

The Atlantic City Casino Industry cares about its employees deeply. Make no mistake about that. This has been a delicate balancing effort of trying to protect the health of the employees and the health of the industry.

CEASE co-founders Lamont White, Nicole Vitola, and Pete Naccarelli released the following statement regarding yesterday’s New Jersey Superior Court decision:

This fight is far from over. While today's outcome is disappointing, our determination remains unshaken. For 18 long years, we've suffered from the harmful effects of secondhand smoke, falling victim to the loophole that state legislators created that jeopardizes our lives. The court battle continues, and we will ask the New Jersey Supreme Court to hear this case on an expedited basis.

Nevertheless, this ruling provides legislators with even more reason to uphold their responsibility to finally do the right thing and pass the bipartisan legislation that New Jerseyans overwhelmingly support. We ask: Will the legislature act on the safety of workers or will the legislature agree with the Court that 'safety is not a fundamental right'? It's time to give the thousands of casino workers the same protections afforded to every other New Jerseyan. Legislative leaders, specifically Chairman Bill Moen — who is the main sponsor of the bill - can and should pick up the gauntlet that the court has unfortunately dropped, to defend the health and lives of all New Jersey workers by advancing the legislation in both the Senate and Assembly to close this loophole once and for all. We've all been waiting long enough.

We refuse to remain collateral damage for the sake of casinos' out-of-touch predictions about their bottom line and their baseless, disproven revenue claims. We won't stop until every worker, every friend, every family member can breathe fresh air. We're tired of being casualties in a compromise that never really served us and we will continue to do everything in our power to close the casino loophole, said CEASE.

The Atlantic City casino industry is mindful of this issue and they are in a very difficult battle of trying to preserve employee jobs and protect the Atlantic City casino gaming jurisdiction, which is currently fighting very challenging headwinds for its own survival.

SOURCES: New Jersey Superior Court, Casino Employees Against Smoking Effects (CEASE) & Atlantic City Casino Industry sources.