State officials, casinos, and labor unions are all coming together to ask a judge to dismiss a lawsuit filed by workers challenging a carveout in New Jersey’s anti-smoking laws for casino floors.
The lawsuit, filed by a group of casino employees, argues that the carveout, which allows smoking on casino floors but not in other indoor public spaces, violates their rights to a safe workplace under the state’s Occupational Safety and Health Act.
In their motion to dismiss the lawsuit, the defendants argue that the carveout is necessary to prevent a decline in revenue for the state’s casinos, which have been struggling to compete with neighboring states that allow smoking on their gaming floors. They also claim that the carveout does not discriminate against casino employees, as they can choose to work in smoke-free areas of the casino if they are concerned about their health.
The plaintiffs, however, argue that the carveout puts their health at risk and that the state should prioritize the well-being of its workers over the financial interests of the casino industry. They are seeking an injunction to block the carveout and force the state to enforce a complete smoking ban in all indoor public spaces.
The lawsuit has sparked debate among stakeholders in the casino industry, with some arguing that allowing smoking on casino floors is essential to the survival of the state’s gaming industry, while others believe that the health and safety of workers should take precedence.
The case is expected to go to trial later this year, with both sides preparing to present their arguments in court. In the meantime, casino employees continue to work in a smoke-filled environment, hoping that their lawsuit will bring about change and protect their health in the workplace.