Attorney Nancy Erika Smith isn’t giving up the judicial fight to end smoking in New Jersey casinos. A new bipartisan legislative effort is also moving forward. (Image: Wayne Parry / AP)

A group of casino workers who are seeking to end the exemption to New Jersey law that allows smoking in Atlantic City casinos is now asking the state’s Supreme Court to take an expedited appeal of the case.

United Automobile Workers Region 9 – the union that represents many workers at some Atlantic City casinos – filed their appeal on Wednesday, a week after Superior Court Judge Patrick Bartels ruled that the carveout for casinos from the 2006 Smoke-Free Air Act was constitutional under New Jersey law.

Appeal Questions Several Aspects of Superior Court Ruling

UAW is partnering with Casino Employees Against Smoking’s Effects (CEASE) in the effort to end the exemption that allows smoking on gaming floors. In their filing, the organizations argued that New Jersey law does indeed guarantee access to a safe workplace, rejecting Bartels’ ruling that the New Jersey constitution provides only for a right to pursue safety, which workers could find by seeking employment in other industries. 

“In this case, exclusion of casino workers from safety protections given to other workers is blatant favoritism for a powerful industry located in only one municipality in the State, precisely what the New Jersey Constitution prevents,” the appeal reads. 

A key part of Bartels’ ruling was that Atlantic City’s unique constitutional status, which allows the state legislature to permit and regulate gambling in the city, allows for such carveouts. However, the plaintiffs are now arguing that the exclusion of casino workers from smoking protections is indeed arbitrary, making it unconstitutional. 

“Plaintiffs submit that the State’s decision to allow gambling in Atlantic City did not make it a ‘law free’ zone or render its workers and residents unprotected by New Jersey’s Constitutions and laws,” the filing read.

Republicans Say They Will Support Smoking Ban in Legislature

Those arguing against repealing the ban – including the Casino Association of New Jersey and labor unions other than the UAW – have said that a ban could lower revenues for already struggling Atlantic City casinos and threaten workers’ jobs, claims that have been disputed by those pushing to eliminate smoking on gaming floors. Opponents have also said that the proper way to change the law is through the legislative process.

There are signs that the legislative route may soon bear fruit. On Tuesday, Republican leadership in the New Jersey Assembly announced that they would support a bill that would end the casino smoking exemption.

“If Democrats are serious about protecting workers, Republicans are ready to help pass the bill,” Republican Leader John DiMaio (R – Hunterdon, Somerset & Warren) said on Tuesday. “We need legislative action, not excuses.”

Such a bill has never received a floor vote in the New Jersey legislature. However, it currently has 42 sponsors and co-sponsors, 13 of whom are Republicans. New Jersey Gov. Phil Murphy has also said he would sign a law that bans smoking in casinos if the legislature passed one. 

“This isn’t about politics, it’s about doing what’s right for workers and their families,” DiMaio said. “With significant bipartisan support, there’s no reason not to get this done.”