COURT: “While The Court Is Sympathetic To The Health Hazards, It Has Determined That Safety Is Not A Fundamental Right.”
Casino Workers Ask if Legislators Agree That “Safety is Not a Fundamental Right” and Urge Them to Finally Act on Bipartisan Bill Supported By Majority of New Jerseyans
Trenton, NJ— Today, the New Jersey Superior Court dismissed the lawsuit filed by Casino Employees Against Smoking Effects (CEASE) and the United Auto Workers (UAW), representing thousands of Atlantic City casino workers who are challenging the exemption of casino workers in the Smoke-Free Air Act. On technical grounds, the Court upheld the existing exemption, which excludes tens of thousands of casino workers from protections against secondhand smoke in their workplaces. CEASE co-founders Lamont White, Nicole Vitola, and Pete Naccarelli released the following statement:
“This fight is far from over. While today’s outcome is disappointing, our determination remains unshaken. For 18 long years, we’ve suffered from the harmful effects of secondhand smoke, falling victim to the loophole that state legislators created that jeopardizes our lives. The court battle continues, and we will ask the New Jersey Supreme Court to hear this case on an expedited basis.
“Nevertheless, this ruling provides legislators with even more reason to uphold their responsibility to finally do the right thing and pass the bipartisan legislation that New Jerseyans overwhelmingly support. We ask: Will the legislature act on the safety of workers or will the legislature agree with the Court that ‘safety is not a fundamental right’? It’s time to give the thousands of casino workers the same protections afforded to every other New Jerseyan. Legislative leaders, specifically Chairman Bill Moen – who is the main sponsor of the bill – can and should pick up the gauntlet that the court has unfortunately dropped, to defend the health and lives of all New Jersey workers by advancing the legislation in both the Senate and Assembly to close this loophole once and for all. We’ve all been waiting long enough.
“We refuse to remain collateral damage for the sake of casinos’ out-of-touch predictions about their bottom line and their baseless, disproven revenue claims. We won’t stop until every worker, every friend, every family member can breathe fresh air. We’re tired of being casualties in a compromise that never really served us and we will continue to do everything in our power to close the casino loophole.”
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Casino Employees Against Smoking (Harmful) Effects (CEASE) is a group of thousands of casino dealers and other frontline gaming workers that formed after indoor smoking returned on July 4, 2021 in Atlantic City, NJ and has expanded to states around the country. CEASE is fighting to permanently remove smoking from our workplaces. For more information, visit ceasesmoking.org.
