UAW, C.E.A.S.E. Lawsuit: Casino Smoking Exemption Unconstitutional
Editorial StaffThe Facts -
- Casino workers in New Jersey have been fighting for 18 years for the right to work in smoke-free environments, which they argue is their constitutional right.
- The UAW and C.E.A.S.E. are representing workers in a lawsuit against the exemption in New Jersey's Smoke-Free Air Act, arguing it violates the State Constitution.
- The lawsuit argues that casino workers have been denied their rights to safety, the Legislature has granted casinos exclusive privilege, and the workers are denied equal protection.
Atlantic City Casino Workers Seek Legal Relief from Toxic Work Environment
In New Jersey, casino workers have been subjected to harmful working conditions for 18 years, a violation of their Constitutional rights. The state has permitted casinos to expose employees to toxic smoke, a condition that has led to serious illnesses and even death.
UAW and C.E.A.S.E. (Casino Employees Against Smoking's (Harmful) Effects) are taking a stand, representing workers from every Atlantic City casino. They seek to nullify this legal exemption through a lawsuit demanding immediate injunctive relief filed by lawyer Nancy Erika Smith, Esq.
UAW President Shawn Fain emphasizes that casino employees deserve the same legal protections as other New Jersey workers - the right to a toxic smoke-free workplace. Despite efforts to convince lawmakers to improve conditions, political interests have favored corporate profits over worker health.
The lawsuit argues against the current Smoke-Free Air Act's casino exemption, asserting it violates the New Jersey State Constitution on three counts. First, the Constitution guarantees all individuals the right to safety. Second, it prohibits the Legislature from granting exclusive privileges to corporations. Third, it denies equal protection by exempting casino workers from smoke protection law.
Lawyer Nancy Erika Smith Esq states that the CDC has found no safe exposure level to secondhand smoke. The effects are felt within one hour and have resulted in sickness and death among casino workers. The legal battle has been taken from the political sphere to the courts.
Smith calls upon Attorney General Matt Platkin and Governor Murphy to uphold these workers' safety rights. Additionally, she asks Acting Commissioner of Health Baston to refrain from enforcing a law detrimental to worker health. TheCDC affirms these views, stating there is no safe exposure level to secondhand smoke.
Daniel Vicente, Director of U.A.W Region 9, accuses casino executives of viewing worker health and safety as a business expense. Despite financial disparities, the UAW vows to continue fighting for worker health and safety.
A statement of support from Senator Joseph Vitale can be found here. Additionally, economic materials highlighting the financial feasibility of smoke-free casinos can be found here.
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