TRENTON, NJ– Frustrated at having campaigned unsuccessfully for more than three years to get lawmakers to ban smoking in Atlantic City casinos, workers tried a new tactic Friday. They’ve filed a lawsuit to try to overturn a law that leaves casino workers the only ones left out of the protections of a workplace clean air law.
The United Auto Workers, which represents workers at Bally’s, Caesars and Tropicana casinos, and a group of casino workers who oppose smoking in the gambling halls, have filed a lawsuit in state Superior Court to strike down the indoor clean air law. New Jersey to challenge.
The law was introduced 18 years ago and bans smoking in almost all indoor workplaces, except casinos.
The lawsuit seeks to have that exemption declared unconstitutional on several grounds, including equal protection under the law.
At a rally outside the courthouse where the lawsuit was filed, workers said they are using new tactics to ban smoking in the casinos after so far failing to convince lawmakers to do so.
“Today we get off our knees and stand up!” shouted Lamont White, a dealer at the Borgata casino and one of the leaders of the employee anti-smoking movement. “We offered them the carrot, and now they get the stick!”
Whether or not to ban smoking is one of the most controversial issues, not only in Atlantic City casinos, but in other states where employees have raised concerns about secondhand smoke. They are running similar campaigns in Rhode Island, Pennsylvania, Kansas and Virginia
Ray Jensen Jr., deputy director of the local UAW office, said the location for the fight has been shifted.
“If the lawmakers in Trenton won’t do their job, we will take the decision out of their hands and into the courtroom,” he said.
Mark Giannantonio, president of the Casino Association of New Jersey and Resorts Casino, declined comment on the lawsuit. But the association opposes a smoking ban, saying it would put Atlantic City at a competitive disadvantage compared to neighboring states that still allow smoking.
The lawsuit names Democratic Gov. Phil Murphy, whose office did not immediately return a message seeking comment, and the state’s acting health commissioner. Murphy has said he will sign a smoking ban if the Legislature passes one.
Earlier this week, Donna DeCaprio, president of Local 54 of the casino union Unite Here, said Atlantic City’s core business — winnings from personal gamblers — continues to have problems. She warned lawmakers against doing anything to make an already serious problem worse.
The union is against a smoking ban, saying it will cost revenues, jobs and possibly force the closure of one or more casinos.
Only three of nine casinos are now winning more from in-person gamblers than they were before the COVID-19 pandemic hit in 2020. Unlike personal winnings, money won from online gambling or sports betting must be shared with third parties. not just for the casinos to keep.
“Alarm bells should be ringing in Atlantic City and Trenton regarding negative economic trends in both the short and long term,” she said. “Representatives in the New Jersey Legislature must understand the dangerous economic situation facing my members, as well as all workers in Atlantic City.”
Earlier this year, Senator John Burzichelli introduced a bill that gives the casinos much of what they want.
His measure would maintain the current limit of 25% of the casino floor on which smoking is allowed.
But it would allow smoking in unenclosed areas on the casino floor where slot machines are located and designated as smoking areas, more than 15 feet away from table games staffed by live dealers. It would also allow casinos to offer smoking in enclosed, separately ventilated smoking areas, provided that no employee is allowed to work in such an area against their will.
Workers who pushed for a complete ban quickly rejected that proposal.
U.S. Rep. Andy Kim, a candidate for the Democratic nomination for a seat in the U.S. Senate, supported the casino workers.
“If I don’t want people smoking in the United States Capitol where I work, you don’t need people smoking where you work,” he said.
___
Follow Wayne Parry on X, formerly Twitter, at www.twitter.com/WayneParryAC