The New Jersey Supreme Court declined a request by the United Auto Workers (UAW), which represents dealers and slot attendants in Atlantic City, for an expedited appeal of a lower court ruling that allowed smoking to continue inside Atlantic City casinos.
The union has sought a temporary injunction halting the exemption to New Jersey’s 2006 Smoke-Free Air Act, which would ban casino smoking while the appeal was heard. The high court found the request did “not warrant adjudication on short notice.”
The decision is the latest in a series of roadblocks for a coalition of casino workers that has unsuccessfully sought to ban smoking in casinos through legislative means and, more recently, the courts.
“My clients are disappointed that the daily assault on their health is not concerning enough to require at least a pause while we litigate the legal issues,” said Nancy Erika Smith, an attorney representing the United Auto Workers Union that lodged the suit.
The high court’s decision, earlier reported by Politico New Jersey, will keep the challenge in the Appellate Division, where Smith said the plaintiffs had also requested an expedited appeal.
The union and Casino Employees Against Smoking Effects, a co-plaintiff, argued the impact of secondhand smoke has imperiled the health and lives of workers on the casino floor, urging the court to extend the indoor smoking ban to gaming houses while the litigation continues.
On Aug. 30, Superior Court Judge Patrick Bartels rejected the plaintiffs’ argument that the smoking exemption was unconstitutional, because the state’s constitution provides only a right to pursue safety, rather than a right to safety in and of itself.
