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Judge Dismisses Lawsuit Over Smoking In New Jersey Casinos

Anti-Smoking Proponents Vow To Continue Fight

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Atlantic CityThe battle over smoking in Atlantic City casinos continued last week with a New Jersey judge dismissing a lawsuit seeking to make smokers butt out when gambling.

The city’s casino industry, which has seen declining revenue in recent months and is worth just over half of its peak in 2006, has fought an outright ban on smoking in recent years. A group of casino workers filed suit earlier this year to force casinos to ban smoking, but the judge ruled the lawsuit had little merit based on current law in the state.

“We are gratified by the court’s decision to dismiss plaintiff’s complaint and deny its attempt to change the Smoke-Free Air Act outside of the legislative process,” Resorts Casino President and head of the Casino Association of New Jersey Mark Giannantonio said.

Details On The Suit

Workers raised issues of equal protection under the law, and “a constitutional right to safety” in the suit. However, the judge’s ruling noted that “reliance on a constitutional right to safety is not well-settled law.”

The state’s current law allows smoking on 25% of the casino floor. Some casino workers believe their health is being jeopardized by allowing smoking at all.

Those in the industry, some legislators, and even other unionized casino workers have argued that the change would result in fewer visitors and eventually job losses. Giannantonio said the industry has worked with union members in recent years to create healthier surroundings for workers, including “limiting smoking to just a fraction of the floorspace.”

“We look forward to continuing to work with stakeholders towards a solution that addresses the health concerns of our employees, while also protecting the collective interest and well-being of the entire Atlantic City workforce,” he added.

Efforts to reach an agreement on the issue in the state legislature have failed to reach agreement. But supporters of a ban have viewed that they will continue to push to get rid of smoking in Garden State casinos.

“This fight is far from over,” Lamont White, a Borgata dealer and one of the leaders in the anti-smoking movement, said of the ruling. “While today’s outcome is disappointing, our determination remains unshaken.”