A group of casino workers and the United Auto Workers (UAW) sued New Jersey Governor Phil Murphy and the state's health commissioner on Friday, saying that due to a loophole in state law, they are at risk of having health problems from secondhand smoke.
Murphy and state health commissioner Kaitlan Baston are allegedly not doing enough to ensure the safety of Atlantic City casino workers by not including them from the protections of the Smoke-Free Air Act.
Atlantic City Casino Workers Allegedly Not Protected by the 2006 Smoke-Free Air Act
The 2006 Smoke-Free Air Act outlaws smoking in enclosed indoor public places and workplaces, but the complaint claimed there was an exception for casino workers.
Since this exception gives preferential treatment to casinos, the lawsuit alleged that it is unconstitutional in New Jersey. The lawsuit also claimed that workers' rights to equal protection and a safe workplace were violated.
The New Jersey government has been sluggish in its act despite the long-standing demands of casino employees for safeguards under the state's law.
Atlantic City Casino Workers Who Do Not Smoke Have Developed Diseases Linked to Smoking
According to CNN, the UAW, which represents workers in Bally's, Caesars and Tropicana casinos in New Jersey and the group known as Casino Employees Against Smoking's (Harmful) Effects (CEASE), jointly filed the suit. Despite not smoking, CEASE said some of its members have suffered from smoking-related diseases, including cancer.
"This legislation was supposed to protect everyone from the dangers of secondhand smoke. But somehow, our casino workers have been asked to roll the dice," UAW President Shawn Fain said in a press conference on Friday.
The lawsuit claimed that the casino employees had faced "death, severe physical illness, severe mental, physical and emotional distress, pain and suffering, anxiety, and stress."
In addition to attorney's fees and expenses, the lawsuit demanded a declaration that excluding workers from the Smoke-Free Act was unconstitutional.
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