Stepping up the fight
Atlantic City casino workers are fed up with having to deal with smoke day in and day out, so they are taking their fight to the courts. On Friday, the United Auto Workers (UAW) and another group of casino workers filed a lawsuit in New Jersey Superior Court to try to overturn a state law that bans smoking nearly everywhere indoors, but still contains a carve-out to allow it in casinos. The UAW represents workers at Tropicana, Bally’s, and Caesars.
The lawsuit aims to have the law declared unconstitutional. Among the reasons given: it does not provide casino floor employees like table game dealers equal protection under the law.
Casino worker groups have been fighting since casinos reopened after pandemic closures for smoke-free workplaces. Smoking was banned for a while in Atlantic City casinos to help prevent the airborne spread of contagions, but that ban has since been lifted. In other areas of the country, some casinos made their temporary smoking bans permanent.
Currently, smoking is permitted on 25% of the casino floor in Atlantic City.
Butting heads
The casino companies themselves are against a smoking ban, as one might expect. The Casino Association of New Jersey has long argued that prohibiting smoking would drive customers who want to smoke to casinos in other states. This, in turn, would cost Atlantic City casinos business and could result in job cuts.
The Unite Here casino workers union also opposes a smoking ban, fearing a business downturn so bad that one or more casinos could close.
Those pushing for a ban are fed up with having to breathe in toxic fumes every day. When fighting for legislation to ban smoking last year, Borgata dealer Nicole Vitola said, “We have to endure hours on the job with secondhand smoke in our faces without the ability to turn away.”
Lamont White, also a Borgata dealer, compared his situation to employees of other businesses: “It’s incredible that we’re here begging again to have the same thing everyone else has.”
In February, state Sen. John Burzichelli introduced a bill which attempts a compromise. It would still allow smoking on 25% of the casino floor, but it would be limited to a) unenclosed areas at slot machines at least 15 feet away from live dealers, and b) enclosed rooms with proper ventilation.
Those campaigning for a completely smoking ban have rejected Burzichelli’s bill. The group Casino Employees Against Smoking’s Harmful Effects (CEASE), said the bill “will not decrease in any way the amount of exposure workers have to secondhand smoke.”
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