Staff sue to overturn legislation that exempts Atlantic Metropolis casinos from indoor smoking ban

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TRENTON, N.J. (AP) — Annoyed at having unsuccessfully agitated for over three years to get lawmakers to ban smoking in Atlantic Metropolis casinos, employees on Friday tried a brand new tactic. They filed a lawsuit to attempt to overturn a legislation that leaves on line casino employees as the one ones not lined by the protections of a clear office air act.

The United Auto Staff, which represents employees on the Bally’s, Caesars and Tropicana casinos, and a gaggle of on line casino employees against smoking within the playing halls, filed a lawsuit in state Superior Courtroom difficult New Jersey’s indoor clear air legislation.

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Enacted 18 years in the past, the legislation bans smoking in nearly all indoor workplaces — besides casinos.

The litigation seeks to have that exemption declared unconstitutional on a number of grounds, together with equal safety below the legislation.

At a rally outdoors the courthouse the place the litigation was filed, employees stated they’re using new ways to ban smoking within the casinos after to date failing to persuade legislators to do it.

“As we speak, we get off our knees and get up!” shouted Lamont White, a supplier on the Borgata on line casino and one of many leaders of the worker anti-smoking motion. “We provided them the carrot, and now they get the stick!”

Whether or not to ban smoking is without doubt one of the most controversial points not solely in Atlantic Metropolis casinos, however in different states the place employees have expressed concern about secondhand smoke. They’re waging related campaigns in Rhode Island, Pennsylvania, Kansas and Virginia

Ray Jensen Jr., assistant director of the native UAW workplace, stated the venue for the combat has shifted.

“If the legislators in Trenton received’t do their jobs, we’re going to take the choice out of their fingers and right into a courtroom,” he stated.

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Mark Giannantonio, president of the On line casino Affiliation of New Jersey and of Resorts on line casino, declined touch upon the lawsuit. However the affiliation opposes a smoking ban, saying that to take action would put Atlantic Metropolis at a aggressive drawback with neighboring states that also permit smoking.

The lawsuit names Democratic Gov. Phil Murphy, whose workplace didn’t instantly return a message in search of remark, and the state’s performing well being commissioner. Murphy has stated he’ll signal a smoking ban if the Legislature passes one.

Earlier within the week, Donna DeCaprio, president of Native 54 of the Unite Right here on line casino employees union, stated Atlantic Metropolis’s core enterprise _ winnings from in-person gamblers — continues to battle. She warned lawmakers in opposition to doing something to make the already significant issue worse.

The union opposes a smoking ban, saying it can value income and jobs and doable drive a number of casinos to shut.

Solely three of the 9 casinos are profitable extra from in-person gamblers now than they did earlier than the COVID-19 pandemic hit in 2020. Not like in-person winnings, cash received from on-line playing or sports activities betting should be shared with outdoors events and isn’t solely for the casinos to maintain.

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“Alarm bells must be ringing in Atlantic Metropolis and in Trenton as to each the short-term and long-term detrimental financial traits,” she stated. “Representatives within the New Jersey Legislature should perceive the perilous financial scenario at hand for my members, and certainly all employees in Atlantic Metropolis.”

Earlier this 12 months, state Sen. John Burzichelli launched a invoice giving the casinos a lot of what they need.

His measure would hold the present 25% restrict of the on line casino ground on which smoking can happen.

However it could permit smoking in unenclosed areas of the on line casino ground that comprise slot machines and are designated as smoking areas which are greater than 15 ft (4.6 meters) away from desk video games staffed by reside sellers. It additionally would permit the casinos to supply smoking in enclosed, individually ventilated smoking rooms with the proviso that no employee may be assigned to work in such a room in opposition to their will.

Staff pushing for a full ban rapidly rejected that proposal.

U.S. Rep Andy Kim, a candidate for the Democratic nomination for a U.S. Senate seat, supported the on line casino employees.

“If I don’t need folks smoking in the USA Capitol the place I work, you don’t want folks smoking the place you’re employed,” he stated.

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Observe Wayne Parry on X, previously Twitter, at www.twitter.com/WayneParryAC

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