In a groundbreaking legal battle, the Hospitality Workers Union Local 54 has filed a motion to dismiss a lawsuit targeting Atlantic City casinos for allowing smoking on their premises. The lawsuit, brought forth by a group of anti-smoking advocates, claims that the casinos’ policy of permitting smoking poses a health risk to employees and patrons alike.
The union, representing over 10,000 workers in the hospitality industry, argues that the lawsuit is a direct attack on their right to negotiate and enforce labor agreements that address workplace conditions. In a statement released to the press, Local 54 President Bob McDevitt asserts that “The right to collectively bargain over working conditions is a fundamental right that has been protected by law for decades. This lawsuit is attempting to undermine that right and we will not stand for it.”
The lawsuit specifically targets the Borgata Hotel Casino & Spa, Caesars Entertainment Corporation, and Golden Nugget Atlantic City, claiming that their smoking policies violate the New Jersey Smoke-Free Air Act. The act, passed in 2006, prohibits smoking in indoor public places and places of work, with exemptions for certain businesses, including casinos.
In response to the union’s motion to dismiss, a spokesperson for the plaintiffs stated that they stand behind their claims that smoking in casinos poses a significant health risk and that the casinos’ policies are in violation of state law. They also argued that the union’s attempt to dismiss the lawsuit is an effort to protect the financial interests of the casinos at the expense of the health and safety of workers and customers.
The outcome of this legal battle could have far-reaching implications for the hospitality industry in Atlantic City and beyond. If the lawsuit is allowed to proceed, it could set a precedent for similar challenges to smoking policies in other businesses and industries. On the other hand, if the union’s motion to dismiss is granted, it could reaffirm the rights of labor unions to negotiate and enforce agreements that address workplace conditions.
As the court deliberates on the union’s motion to dismiss, both sides are gearing up for what promises to be a fierce legal battle. The stakes are high, with the health and safety of workers and patrons, as well as the rights of labor unions, hanging in the balance. Stay tuned for further developments in this groundbreaking case as it unfolds in the coming weeks.
