Court rules that loophole allowing casinos to permit indoor smoking does not prevent workers from seeking jobs in smoke-free workplaces.
In a recent development, a judge has rejected a lawsuit seeking to ban smoking in Atlantic City, N.J., casinos. The lawsuit was filed by casino workers who argued that they were forced to work in a harmful environment due to a loophole that exempted the casinos from the statewide ban on indoor smoking. However, the judge dismissed the case, stating that the exemption did not prevent workers from choosing to work in smoke-free environments.
The ruling was made by Judge Patrick J. Bartels, who emphasized that the exemption in the state’s Smoke-Free Air Act, passed in 2006, did not violate individuals’ right to seek a safe workplace under the state’s Constitution. The exemption was specific to certain industries, including casinos, and did not infringe on workers’ rights to a healthy work environment.
Following the court’s decision, Mark Giannantonio, the president of the Casino Association of New Jersey, expressed satisfaction with the outcome. He highlighted the organization’s commitment to collaborating with stakeholders to find a solution that addresses employees’ health concerns while safeguarding the overall well-being of the Atlantic City workforce.
The lawsuit, brought forth by two groups representing numerous casino workers across all nine casinos in the state, named Governor Philip D. Murphy of New Jersey among the defendants. Despite the setback, the workers’ lawyer, Nancy Erika Smith, announced plans to appeal the ruling to the State Supreme Court on an expedited basis.
Source: The NY Times
