Oral arguments began Monday in a lawsuit that seeks to ban smoking in New Jersey casinos, with the United Autoworkers and the Casino Employees Against Smoking Effects group, or CEASE, arguing that it’s unconstitutional for the state’s Smoke-Free Air Act to carry an exception for casinos.
“The purpose of this law is to prevent sickness and death from secondhand smoke,” argued Nancy Erika Smith, lead counsel for the UAW and CEASE. “The purpose of the Smoke-Free Air Act is not to put money in casinos’ pockets.”
These groups oppose another powerful union in Atlantic City, UNITE Here Local 54, and the state’s attorney general’s office, both of which want the lawsuit dismissed and have claimed that banning smoking in Atlantic City’s casinos would drive away business and cut jobs.
“One estimate, I think it was 2,500 persons in the first year,” said Deputy Attorney General Robert Maguire. “That has a net effect on the health of New Jersey citizens, because those families that lose their jobs may not be able to pay for food, and therefore it affects their health.”
The Senate Health, Human Services and Senior Citizens Committee advanced a bill in January that would close the casino loophole. The bill hasn’t come to a vote yet in front of the full Senate. Sen. Joseph Vitale (D-Middlesex), who chairs the committee and attended Monday’s oral arguments, told NJ Spotlight News he’s “optimistic” that the bill will pass.
“I understand the importance of this,” Vitale said. “If there is no outside influence or pressure of this vote we pass, this bill would pass overwhelmingly.”
