UAW Urges NJ Supreme Court to End Atlantic City Casino Smoking Exemption

^{A legal challenge now before the New Jersey Supreme Court could determine whether casinos can continue allowing indoor smoking. (Photo: Wayne Parry / AP)}

The United Auto Workers (UAW) filed a petition with the New Jersey Supreme Court on Tuesday, asking the state’s top court to consider the exemption that allows for smoking on casino floors in Atlantic City.

The filing asks the court to reconsider a lower court finding that the New Jersey Constitution does not grant a right to safety and therefore does not make the casino smoking exemption unconstitutional.

Workers Point to ‘First Sentence’ of State Constitution to Make Safety Argument

In addition, the UAW filing also challenges the decision by lower courts to defer to a report submitted by casinos that suggests a smoking ban would cost revenue, arguing that other research shows this shouldn’t be a concern for operators.

When it comes to the safety argument, the UAW argues that the right to safety is clearly defined at the beginning of the state constitution. Specifically, the first entry in Article I – titled Rights and Privileges – says that “all persons are by nature free and independent, and have certain natural and unalienable rights, among which those of…pursuing and obtaining safety and happiness.”

“I want the court to say, ‘Yes, the statement in the first sentence of the New Jersey Constitution isn’t meaningless,’ that no words in the constitution are meaningless, that there is a right to safety,” UAW attorney Nancy Erika Smith said.

A lower court found that because part of the state constitution refers to Atlantic City and its ability to host casino gambling, the carveout allowing smoking in casinos wasn’t unconstitutional special legislation that improperly favors one person or group over others that are similarly situated.

Supreme Court Could End Casino Exemption

If the Supreme Court takes up the case and addresses these questions, it’s possible that it could send the case back to lower courts with new instructions on how to consider the merits of both sides’ arguments.

 It’s also possible that a Supreme Court ruling could immediately end the casino exemption, essentially handing a definitive win to workers who have fought for years to make gaming floors smoke-free.

In 2024, workers, including the UAW and Casino Employees Against Smoking Effects (CEASE), sued to overturn the carveout, saying it violated their constitutional rights. While Judge Patrick J. Bartels dismissed that lawsuit, saying that the exemption didn’t violate workers’ rights, an appellate court reopened the legal challenge after finding that Judge Bartels made multiple errors in his ruling.

CEASE and other groups have also looked for legislative solutions to end the casino exemption, though lawmakers have never come close to passing such a bill despite many making public comments in favor of the change.