A major ruling by a New Jersey state decide has allowed smoking to proceed in Atlantic Metropolis’s casinos, offering reduction to the town’s struggling gaming trade whereas delivering a blow to on line casino staff who’ve lengthy fought for a smoke-free office. Superior Courtroom Decide Patrick Bartels dismissed a lawsuit filed by the employees, who had been looking for a everlasting ban on smoking as a result of well being dangers posed by second-hand smoke.
This ruling is seen as a significant victory for Atlantic Metropolis’s 9 casinos, most of that are nonetheless grappling with monetary difficulties stemming from the COVID-19 pandemic. In distinction, it marks a major setback for the on line casino staff, who’ve spent the final 4 years campaigning for a smoking ban, first via legislative efforts and, extra lately, via authorized motion.
Lawyer Nancy Erika Smith, who represents the employees of Atlantic Metropolis casinos, indicated that she would enchantment the choice, probably bringing the case earlier than the state Supreme Courtroom on an expedited foundation.
Continued Well being and Financial Debate
The on line casino trade has constantly opposed a ban on smoking, arguing that it may result in huge job losses and a major discount in playing income and tax earnings for the state.
Mark Giannantonio, president of Resorts On line casino and the On line casino Affiliation of New Jersey, expressed satisfaction with the courtroom’s resolution.
“We’re gratified by the courtroom’s resolution to dismiss plaintiff’s grievance and deny its try to alter the Smoke-Free Air Act exterior of the legislative course of”.
He additional emphasised that the trade, together with the town and the principle on line casino staff’ union, Native 54 of Unite Right here, has labored diligently over time to create a more healthy surroundings for each workers and patrons.
Giannantonio additionally added that they ahead to persevering with to cooperate with stakeholders in direction of an answer that addresses the well being issues of their workers, whereas additionally defending the collective curiosity and well-being of your entire Atlantic Metropolis workforce.
Employee Advocacy Continues
Regardless of the courtroom’s ruling, anti-smoking advocates among the many on line casino staff have vowed to proceed their combat. Lamont White, a Borgata On line casino seller and chief of the anti-smoking motion, expressed disappointment however bolstered their willpower.
White additionally urged legislators to take motion, arguing that the ruling underscores the necessity for lawmakers to move bipartisan laws to guard staff.
As he acknowledged:
“It’s time to make issues proper for the hundreds of us staff nonetheless working and residing with out the identical safety afforded to each different New Jerseyan.”
The employees’ legal professional, additionally criticized the choice, promising to enchantment the ruling and calling for continued efforts to guard staff from second-hand smoke, stating as follows:
“Whereas the remainder of the nation strikes away from poisoning staff for income, New Jersey shames itself. So long as the Governor, the Legislature, and the Courts enable the extraordinarily wealthy on line casino trade to poison its staff, we’ll proceed our combat.”
Ongoing Controversy Over Smoking in Casinos
The difficulty of whether or not to ban smoking in Atlantic Metropolis’s casinos has been extremely controversial, not solely in New Jersey but in addition in different states the place comparable debates are happening. Staff in Rhode Island, Pennsylvania, Kansas, and Virginia are additionally pushing for smoking bans of their respective casinos.
In Atlantic Metropolis, smoking is at present permitted on 25% of the on line casino ground. Nonetheless, as a result of structure of the casinos, second-hand smoke usually permeates different areas of the gaming flooring. The United Auto Staff, representing sellers at Bally’s, Caesars, and Tropicana casinos, filed the lawsuit in April in an try and overturn New Jersey’s indoor smoking regulation, which largely bans smoking in workplaces however makes an exception for casinos.
Throughout a Might listening to, Smith argued that the present regulation violates staff’ rights to equal safety and security. Nonetheless, Decide Bartels dismissed these claims, noting that the constitutional proper to security just isn’t well-established and that the employees have been unlikely to succeed on these grounds.
The state’s legal professional basic’s workplace additionally emphasised the potential financial impression of a smoking ban, suggesting it may result in a discount in tax income that funds packages for New Jersey’s senior residents and disabled residents.
A quick smoking ban carried out in Atlantic Metropolis in 2008 was rapidly repealed after an almost 20% drop in income inside two weeks, in line with legal professional Seth Ptasiewicz, who represents on line casino staff supporting the present smoking coverage.
Smoking opponents dispute the declare that banning smoking would harm enterprise, pointing to research indicating that casinos that eradicated smoking have seen monetary positive aspects. Nonetheless, the employees have been annoyed by the gradual progress in getting lawmakers to alter the regulation.
Even after a invoice to finish smoking handed a state Senate committee, a competing invoice was launched to take care of the present smoking coverage however modify the place smoking is permitted, making certain no worker is compelled to work in a smoking space in opposition to their will. Each measures have since stalled, leaving the difficulty unresolved.
Supply:
“Decide permits smoking to proceed in Atlantic Metropolis casinos, dealing blow to staff”, Wayne Parry, apnews.com, August 30, 2024.
