New Jersey Attorney General along with Unite Here Appeal for Dismissal of Cigarette Litigation
New Jersey Attorney General Matthew Platkin, acting on behalf of Democratic Governor Phil Murphy, has asked New Jersey's Superior Court to dismiss a legal challenge against the state's smoking law that permits casinos in Atlantic City to dedicate up to 25% of their gaming space for indoor tobacco consumption.
In early April, the United Auto Workers (UAW) and Casino Employees Against Smoking's Effects (CEASE) filed a lawsuit in the Superior Court against Murphy and New Jersey Health Commissioner Kaitlan Baston. The case argues that New Jersey's 2006 Smoke-Free Air Act violates the state constitution.
UAW represents table game dealers at three casinos, workers who are most at risk of secondhand smoke exposure within Atlantic City's nine casinos. CEASE is an organization of casino employees demanding a clean and safe working environment.
In his legal brief to the Superior Court, Platkin asserts that the lawsuit is groundless. He maintains that the 2006 smoking law, which provides casino exemptions, "does not infringe on any purported constitutional right to safety."
Unions Clash
Attorneys for UAW and CEASE in the court case cite wording in the New Jersey Constitution, which states "all persons ... have certain natural and unalienable rights, among which are ... pursuing and obtaining safety and happiness." They allege that the smoking law infringes on this right.
The lawsuit contends that the state constitution also requires the legislature not to enact any special laws or grant privileges to specific corporations. "Rich corporate casinos are excluded from the Smoke-Free Air Act, granting them the exclusive right to endanger the lives of their workers," it states.
In spite of the UAW's financial support for the lawsuit, another union, Unite Here Local 54, opposes removing the smoking loophole. Unite Here officials assert that a complete smoking ban would be "catastrophic" for the Atlantic City casino industry and put over a third of the resort's jobs at risk.
Unite Here represents employees at the casinos in non-gaming roles, such as housekeepers, waiters, kitchen employees, bellmen, and porters.
According to a court response from Unite Here, this ban would endanger the livelihoods, healthcare, and retirement benefits of their members and their relatives, with over $1.42 billion in revenue at risk from the smoking sections.
However, UAW and CEASE's attorney, Nancy Erika Smith, told the Associated Press that she had "never seen a union fight against the health and safety of their members, not once." Countering this statement, Unite Here Local 54 President Donna DeCaprio stated, "We support the health and safety of our members, and believe that a balance must be found that will protect worker health without endangering good jobs."
Smoking Sections and Casino Revenue
DeCaprio suggests that between 50-72% of the casinos' gross gaming revenue (GGR) last year came from smoking sections. The nine casinos collectively amassed over $2.84 billion from their physical slot machines and table games in 2023, meaning, according to DeCaprio, at least $1.42 billion originated from smoking areas.
CEASE disputes this figure and points to research from 2022 by C3 Gaming in Las Vegas, arguing that the exclusion of smoking no longer significantly impacted gaming revenue.
UAW contends that the financial considerations discussed by Unite Here are irrelevant to the lawsuit challenging New Jersey's smoking law. Instead, Governor Murphy believes the issue should be resolved legislatively, not judicially.
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Source: www.casino.org
