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Atlantic City’s Smoking Policy: A Legal Battle Over Health and Economy

In the bustling casinos of Atlantic City, a legal tussle unfolds as two unions clash over the indoor smoking policy. The heart of the debate lies in balancing the health concerns of casino workers against the economic implications of a smoking ban.

The Controversy Surrounding Indoor Smoking

The current law permits smoking on 25% of the casino floor, leading to a non-contiguous smoking area that allows smoke to permeate throughout the premises. This setup has been the status quo for some time, but not without dissent. The United Auto Workers (UAW), representing dealers at several casinos, filed a lawsuit seeking to overturn New Jersey’s indoor smoking law, which exempts casinos from a statewide ban. They argue for the right to a smoke-free workplace, citing health hazards associated with secondhand smoke.

In contrast, Local 54 of the Unite Here union, representing a diverse group of casino employees, has requested the dismissal of the UAW’s lawsuit. They contend that a complete smoking ban could jeopardize a third of the 10,000 jobs they represent, potentially devastating families and the local economy. Their stance is supported by the New Jersey Attorney General, emphasizing that the current law does not violate any constitutional rights or protections.

Economic Implications vs. Health Concerns

The debate intensifies when considering the economic data presented by Local 54. They claim that a significant portion of gambling revenue—between 50 to 72%—is generated from smokers. A total ban on smoking, they argue, could lead to a catastrophic decline in patronage, affecting not only the casinos’ bottom line but also the livelihood of thousands of workers.

Atlantic City casino smoking lawsuit

However, health advocates and the UAW counter these claims, pointing to the risks that casino employees face daily. Secondhand smoke is a well-documented health hazard, and workers in the gaming industry feel they should not be excluded from the protections afforded to other employees in the state.

Seeking a Middle Ground

The conflict has prompted discussions about potential compromises. One proposed solution is legislation that would maintain the 25% smoking area but relocate it to unenclosed areas more than 15 feet away from table games. Additionally, the introduction of enclosed, separately ventilated smoking rooms is on the table, with the stipulation that no employee would be forced to work in these areas against their will.

This middle-ground approach aims to protect workers’ health while mitigating the economic impact of a full smoking ban. It reflects the complex nature of the issue, where the rights and well-being of individuals are weighed against broader economic considerations.

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