Court ruling still allows smoking in Atlantic City casinos

The suit, filed earlier this year, sought an injunction that would ban smoking in casinos in Atlantic City in accordance with the indoor smoking ban implemented as part of the state's Smoke-Free Air Act.

Nancy Erika Smith, an attorney for the casino workers, said they will turn to the New Jersey Supreme Court to hear this case on an expedited basis.

"The workers exposed to toxic second hand smoke every day are extremely disappointed in the Judge’s decision siding with Governor Murphy, who chooses to endanger the health of casino employees in deference to the casino industry,” Smith said in a statement.

Smith went on to say “New Jersey shames itself” and that the state constitution “specifically prohibits 'special laws' that exclude some people from legal protections, like the Smoke-Free Air Act excludes only casino workers.”

What did the lawsuit allege?

The suit named both Gov. Phil Murphy and acting Health Commissioner Kaitlan Baston as defendants and was a result of years of inaction in Trenton on changing the exemption that casinos were given from the 2006 Smoke-Free Air Act.

Workers allege a violation of their constitutional right to safe working conditions and say the persistent smoke they see at work has led to chronic illnesses and in some cases death.

State Sen. Joseph Vitale, who heads the upper chamber’s health committee, said in a statement that he’s “deeply disappointed by this ruling, which will allow secondhand smoke to continue to poison the air in Atlantic City casinos, thus putting the health and safety of casino workers and patrons at grave risk.”

“It is shameful that after nearly 20 years, and passage of a law that banned indoor smoking in almost all businesses save for casinos, we as a state refuse to stand up and protect employees, patrons and others who will, because of this ruling, continue to be subjected to secondhand smoke throughout their workday,” he said.

A bill sponsored by Vitale that would ban smoking in casinos cleared committee in the upper chamber but has not moved any further. A companion bill hasn't moved at all in the Assembly.

Similar legislation has been introduced every session for nearly two decades.