Despite stalled legislation and a dragged-out lawsuit, casino workers remain optimistic that smoking in New Jersey casinos will become a thing of the past.

“We’re like a caged animal,” said Raymond Jensen Jr., a Region 9 assistant director at United Auto Workers, the union representing some of the casino workers. “We’re like a cornered animal fighting for our lives.”

The union recently met with Assembly Republicans who have pledged their support to a bill that would amend the state’s Smoke-Free Indoor Air Act, which currently excludes casinos from smoking bans.

“The Democrats have been saying for years that they don’t have the votes from the other side of the aisle,” said Jensen. “So now they have the votes from the other side of the aisle. So what is your excuse?”

State Sen. Joseph Vitale (D-Middlesex), who has long criticized New Jersey casinos for permitting smoking on 25% of their floors, said the votes just aren’t there yet, and it’s not worth bringing up for a vote until he has the numbers.

“We always try to count to 21 before we have a bill request to be posted for a full vote by the Senate,” he said. “If I didn’t have the votes, I wouldn’t request it, because that would be kind of silly.”

In the meantime, Republicans have criticized Kaitlan Baston, commissioner of New Jersey’s Department of Health, for not unilaterally closing the casino loophole.

“In my opinion, the commissioner’s inaction is sentencing these workers to a cancer diagnosis, or even worse,” said state Assemblyman Chris DePhillips (R-Bergen).

In a statement posted to X on Monday, Baston said in part: “Because smoking in casinos is expressly permitted by statute, I do not have the authority to amend or eliminate this statutory provision. Only the Legislature has that power.”