New Jersey Supreme Court Turns Down Injunction Request in Casino Smoking Case

The New Jersey Supreme Court rejected a request for an emergency injunction from workers seeking to ban smoking in Atlantic City casinos on Thursday.

The decision will keep the appeal to a previous ruling at the Appellate Division in the New Jersey court system, where plaintiffs in the case have also requested an expedited appeal.

Supreme Court Says Case Will ‘Proceed in the Ordinary Course’

The United Auto Workers (UAW) and Casino Employees Against Smoking Effects (CEASE) filed a lawsuit seeking to end the exemption in New Jersey law that allows for smoking on the floors of Atlantic City casinos. Last week, that lawsuit was dismissed by Judge Patrick J. Bartels, who said that the carveout didn’t violate the rights of New Jersey workers, as they could still seek work in other industries where smoking was prohibited.

The UAW and CEASE quickly moved to challenge that ruling, filing an appeal on Wednesday. The plaintiffs argued that excluding casino workers from the protections afforded by New Jersey’s 2006 Smoke-Free Air Act was an arbitrary and unconstitutional distinction, and that the state constitution does guarantee access to a safe workplace.

The New Jersey Supreme Court did not address those arguments. Instead, it simply ruled that there was no reason it needed to step in immediately on behalf of the casino workers.

“Applicant’s request for emergency relief in the form of a temporary injunction is denied,” the application response read. “The matter does not warrant adjudication on short notice. The applicant’s appeal shall proceed in the ordinary course unless subsequently ordered accelerated by the Appellate Division.” 

The ruling means that, at least, for now, smoking will continue to be allowed on casino floors in Atlantic City.

“My clients are disappointed that the daily assault on their health is not concerning enough to require at least a pause while we litigate the legal issues,” Nancy Erika Smith, an attorney for the UAW, said in response to the court decision. 

Gov. Murphy Supports Legislative Solution, Rejects Executive Action

The Casino Association of New Jersey and many workers have opposed efforts to overturn the smoking ban exemption, saying that it would push gamblers away from the casinos, lowering revenue and ultimately costing jobs at the resorts. 

This fight could ultimately be settled in the New Jersey Legislature, which can change the existing law to eliminate the casino exemption. Efforts to do so have been ongoing for years, with little movement from legislators.

However, Republican leadership signaled this week that it was prepared to deliver the votes to help Democratic lawmakers pass such a bill. The question now is whether legislative leaders will allow a vote on the legislation.

It has also been suggested that Governor Phil Murphy could take executive action to stop smoking in Atlantic City casinos, as he did during the COVID-19 pandemic. Murphy, however, says that wouldn’t be viable solution today, and that he supports a legislative approach.

“It would be struck down probably within 24 hours,” Murphy told radio station WBGO on Thursday. “I hope folks out there have heard me say this now, probably 100 times: If a bill gets to my desk to ban smoking in casinos, I will sign it.”

(Image: Mykhailo Polenok / Alamy)