A New Jersey judge is expected to rapidly deliver a verdict regarding casino smoking regulations.
In a New Jersey courtroom on Monday, a judge promised to make a swift decision on a legal battle surrounding indoor smoking in Atlantic City casinos. The United Auto Workers (UAW) and a local coalition, CEASE (Casino Employees Against Smoking's Effects), filed a suit targeting Governor Phil Murphy and Health Commissioner Kaitlan Baston, claiming the state's 2006 Smoke-Free Air Act is unconstitutional due to its allowance of designated indoor smoking areas in casinos.
Judge Patrick Bartels listened to testimonies from both sides during a hearing on Monday, promising a rapid resolution to the ongoing dispute.
Lawyers for the UAW and CEASE told Bartels that the state's law endangered the health of a group of workers, who were forced to work in smoke-filled environments. Although these employees knew about the indoor smoking when they accepted their positions, they stressed the dangers of secondhand smoke that have emerged over the past two decades.
Union attorney Nancy Erika Smith spoke out, stating that worker safety should take precedence over casino profits. "The purpose of the [2006] Act is to protect workers from sickness and death — not to put money in the casinos' pockets. We are seeking to end a special law which does a favor for casinos and seriously harms workers," she said.
Smith emphasized that all workers, including casino employees, were entitled to equal safety under the New Jersey Constitution.
On the other side, attorney Chris Porrino, representing the Casino Association of New Jersey (CANJ), disputed Smith's argument. He asserted that the state constitution grants individuals the right to "pursue" freedom and personal safety, but it doesn't obligate the state to ensure that safety.
"There is a difference," Porrino explained. "There is no constitutional guarantee to safety, just as there is no constitutional guarantee to happiness."
Porrino affirmed that state lawmakers had made their best efforts in drafting the smoking law.
Our elected officials struck what they believed was the most appropriate balance and have had the opportunity every year for 18 years to strike a different balance," Porrino said. "If the legislature changes its collective mind and decides to strike a different balance, then the law will change. If not, the law must stand, and plaintiffs' complaint must be dismissed."
Due to concerns about the economic impact of a potential smoking ban, Governor Murphy has shifted his stance in favor of allowing legislative changes rather than courtroom rulings. His position has led to a prolonged legislative stalemate, with no action on bills seeking to modify the smoking law.
The CANJ and Unite Here Local 54, an organization representing non-gaming resort workers, voiced their fears that the implementation of a smoking ban would partially reduce gaming revenue and result in massive layoffs.
"A smoking ban will cause at least one casino or two to close," attorneys for the defendants stated. "This would pose a hazard to the health of New Jersey citizens, as families who lose their jobs might struggle to afford food, as well as lose their medical coverage."
The state's Deputy Attorney General Robert McGuire, standing in for Murphy, agreed with Porrino and pointed out the potential financial its effects on health programs for the elderly and disabled.
"It has a net effect on the health of New Jersey citizens because those families that lose their jobs may not be able to pay for food," McGuire said. "They will lose their medical benefits."
However, CEASE countered with evidence from independent research, suggesting that smoking bans have historically been beneficial to the gaming industry, with falling smoking rates translating into enhanced casino business.
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Source: www.casino.org
