NJ, union ask judge to dismiss anti-smoking lawsuit targeting Atlantic City casinos

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NJ, union ask judge to dismiss anti-smoking lawsuit targeting Atlantic City casinos
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Local 54 of the Unite Here union said in a filing in state Superior Court that a third of the 10,000 workers it represents would be at risk of losing their jobs…

Currently, smoking is allowed on 25% of the casino floor. But those areas are not contiguous, and the practical effect is that secondhand smoke is present in varying degrees throughout the casino floor Atlantic City ’s main casino workers union and the state's attorney general want a judge to dismiss a lawsuit brought by a different union that seeks to ban smoking at the city’s nine casinos.

Atlantic City's main casino workers union and the New Jersey attorney general on Monday asked a judge to dismiss a lawsuit brought by a different union that seeks to ban smoking at the city's nine casinos. New Jersey Attorney General Matthew Platkin, representing Democratic Gov. Phil Murphy and the state health department, said the state's indoor smoking law does not deny any group of people equal protection under the law “and does not infringe on any purported constitutional right to safety,” urging the court to dismiss it.

“We support the health and safety of our members, and believe that improvements to the current work environment must be made,” she said Monday. “A balance needs to be reached that will both protect worker health and preserve good jobs.” But it would allow smoking in unenclosed areas of the casino floor that contain slot machines and are designated as smoking areas that are more than 15 feet away from table games staffed by live dealers. It also would allow the casinos to offer smoking in enclosed, separately ventilated smoking rooms with the proviso that no worker can be assigned to work in such a room against their will.

It noted that in 2008, when Atlantic City's City Council imposed a short-lived total smoking ban, casino revenues fell by 19.8%, within the first week, leading to the enactment of the current 25% smoking area on the casino floors.

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