UAW | United Automobile, Aerospace and Agricultural Implement Workers of America
  • About
    • UAW CONSTITUTION
    • PROCEEDINGS BOOKS
    • EXECUTIVE BOARD
    • REGIONS
    • UAW-LUCA
    • COMMUNITY SERVICE
    • SOLIDWEB
    • STRIKE FAQ
    • DUES FAQ
    • MORE INFORMATION
  • Ethics
    • ETHICAL PRACTICE CODES
    • ETHICS HOTLINE FAQ
    • ETHICS HOTLINE: 877-866-9682 
    • ETHICS ONLINE FORM
    • ETHICS REFORMS OVERVIEW / UAW ETHICS OFFICER
  • Members
    • WEINGARTEN RIGHTS CARD
    • 2023 SBC RESOLUTIONS
    • AUTO BARGAINING
      • ARAMARK
      • JONES LANG LASALLE
    • UAW WOMEN
    • STANDING COMMITTEES
      • UAW WOMEN’S COMMITTEE
      • CONSTITUTION AND BYLAWS
      • CIVIL AND HUMAN RIGHTS
      • UNION LABEL
      • CITIZENSHIP AND LEGISLATIVE (CAP)
      • EDUCATION
      • CONSUMER AFFAIRS
      • CONSERVATION AND RECREATION
      • VETERANS
      • COMMUNITY SERVICES
      • UAW WOMEN
    • RETIREES
    • IEB ELECTIONS
      • 2022 IEB Elections
      • 2023 RUN-OFF ELECTION INTERNATIONAL PRESIDENT CANDIDATE FORUM
      • 2022 INTERNATIONAL OFFICER CAMPAIGN LITERATURE (2023 RUN-OFF)
      • 2023 IEB ELECTION COUNTS
    • TALK TO US!
    • EDUCATIONAL RESOURCES
    • HEALTH & SAFETY
    • TECHNICAL OFFICE & PROFESSIONAL (TOP)
    • LOCAL UNION LOG IN
    • SOLIDARITY
    • SOLIDARY MAGAZINE OPT-IN
    • UAW CHAPLAINCY PROGRAM
  • Take Action
  • BIG 3
    • GM
    • FORD
    • STELLANTIS
  • Press
  • Organize
    • AUTOWORKERS: STAND UP!
    • NO UNION = NO RIGHTS
    • CONTACT UAW ORGANIZING
    • A WORKER HAS A RIGHT
  • News
    • MEDIA COVERAGE
  • UAW Made
    • AUTOMOBILES
    • PRODUCTS & SERVICES
  • Monitor
  • Careers
  • Contact
  • Search
  • Menu Menu
Featured, News

UAW, C.E.A.S.E. Claim Casino Smoking Exemption Unconstitutional in New Lawsuit

New Jersey – For 18 years casino workers in Atlantic City have been excluded from New Jersey’s Smoke-Free Air Act – in violation of their Constitutional rights. New Jersey has allowed casinos to knowingly force employees to work in toxic conditions that have caused life-threatening illness and death.

Together the UAW and C.E.A.S.E. (Casino Employees Against Smoking’s (Harmful) Effects) represent workers at every casino in Atlantic City. They ask the Court to void the exemption in a lawsuit which seeks immediate injunctive relief, filed today by Nancy Erika Smith, Esq., of Montclair’s Smith Mullin.

“For almost two decades casino workers have been fighting for the same legal protections that other New Jersey workers have, the right to work in a place free of toxic smoke,” said UAW President Shawn Fain. “UAW and C.E.A.S.E. members have fought tirelessly to get lawmakers to do the right thing, but politicians have chosen to protect corporate profits over workers’ health. Today, we put an end to that and ask the court to respect the right of workers to breathe clean air on the job.”

Today’s lawsuit argues that the current exemption for casino workers from the Smoke-Free Air Act violates the New Jersey State Constitution on three grounds:

First, the New Jersey Constitution guarantees that “all persons are by nature free and independent, and have certain natural and unalienable rights, among which are… pursuing and obtaining safety and happiness.” Casino workers have been denied their right to safety.

Second, the Constitution also makes clear that the “Legislature shall not pass any special laws… or grant to any corporation … any exclusive privilege [or] immunity…” In this case, rich corporate casinos are excluded from the Smoke-Free Air Act, giving them the exclusive right to endanger the lives of their workers.

Third, this exemption from a law designed to protect workers from smoke also denies casino workers their right to equal protection.

“The CDC has found that there is no safe level of exposure to secondhand smoke and that the harmful effects are felt within 60 minutes of exposure. Casino workers have been sickened and died as a result of that exposure while other workers in New Jersey are protected against being poisoned at work,” said the workers’ lawyer, Nancy Erika Smith Esq. “We have taken this fight out of back room ‘money talks’ politics and put it in the courts where we are confident that the judge will find that casinos cannot knowingly poison their employees in the pursuit of profits. It’s immoral and legally indefensible.

“Attorney General Matt Platkin bravely refused to defend an unconstitutional law recently – we ask him to do the same here. We also ask Governor Murphy to restore these workers’ right to safety, which he can do today. Finally, Acting Commissioner of Health Baston enforces the Smoke-Free Air Act and, as the Commissioner of Health, she can refuse to enforce a law that endangers the health of workers.”

According to the Center for Disease Control and Prevention, there is no safe level of secondhand smoke exposure, with harmful, inflammatory and respiratory effects produced within 60 minutes. 

“For casino executives, if you put on the uniform of a dealer, slot tech, bartender, server, maintenance person or housekeeper, the bosses are fine with you getting cancer and dying. It’s the cost of doing business,” said Daniel Vicente, Director of U.A.W Region 9. “The UAW will never be able to out-spend these executives, some making more than 10 million dollars a year. We can, however, take the fight for working people’s health and safety to a fairer playing field – one unbeholden to campaign donations or big money PACs. We are proud to stand with C.E.A.S.E. NJ and bring this fight out of the legislature and into the judiciary. We look forward to seeing all of you coming out publicly and telling the people of New Jersey why our lives don’t matter as much as yours.”

Statement of support from Senator Joseph Vitale can be found here.

Related economic materials proving there is no financial excuse for casinos to poison their workers can be found here.

April 5, 2024
Share this entry
  • Share on Facebook
  • Share on X
  • Share on LinkedIn
  • Share by Mail
https://uaw.org/wp-content/uploads/2024/04/CEASEFain.png 801 1531 Justin Mayhugh https://uaw.org/wp-content/uploads/2023/11/uaw-logo-white-transparent-trademark-300x300.png Justin Mayhugh2024-04-05 13:40:142024-04-05 13:52:03UAW, C.E.A.S.E. Claim Casino Smoking Exemption Unconstitutional in New Lawsuit
You might also like
UAW Members at Cornell University Vote to Authorize Strike, If Necessary
“Everything the Working Class Has Ever Won, We’ve Had to Fight for”: UAW Releases New Video Endorsing Kamala Harris for President
Region 9 UAW Members Lobby for Higher Education Workers in NYRegions 9 & 9A Locals lobby for unemployment reforms for adjunct faculty, contingent workers in higher education
Sign the Petition: Ask the DOE to Ensure the Continued Use of Grain-Oriented Electrical Steel
UAW Wheel logoStatement from UAW President Shawn Fain on Mercedes Alabama Vote
Photo of UAW President Shawn Fain testifying in front of the U.S. Senate HELP Committee regarding the 32-hour work week.Comment from UAW President Shawn Fain on Mass Arrests of Anti-War Protestors

STAY UPDATED

MEMBERS, FAMILY AND FRIENDS: GET UAW ACTION UPDATES ON YOUR PHONE. TEXT “JOIN” TO 99795. SIGN UP FOR UAWIRE AND GET UAW ACTION UPDATES VIA EMAIL: Sign Up

Recent Posts

  • UAW President Shawn Fain Rallies with Detroit Members Behind Rev. Kinloch for Detroit Mayor June 4, 2025
  • UAW Releases New Video on Andrew Cuomo’s Failures for Working-Class New Yorkers June 2, 2025
  • UNION PLUS – HOTEL DISCOUNTS June 2, 2025

Solidarity Magazine

Solidarity Magazine New Member Issue 2024
UAW Logo

UAW SOLIDARITY HOUSE

8000 East Jefferson Avenue
Detroit, Michigan 48214

(313) 926-5000

Union Plus Logo

Connect

  • Press Inquiries
  • Get UAW Action Alerts – Text “JOIN” to “99795”
  • Get Email Updates

Organize

  • Non-Union Autoworkers Stand Up!
  • Want to Organize with the UAW?

Latest News

UAW President Shawn Fain Rallies with Detroit Members Behind Rev. Kinloch for Detroit Mayor

https://uaw.org/wp-content/uploads/2025/06/Kinloch2.jpg 866 2048 Justin Mayhugh https://uaw.org/wp-content/uploads/2023/11/uaw-logo-white-transparent-trademark-300x300.png Justin Mayhugh2025-06-04 11:01:282025-06-04 11:02:35UAW President Shawn Fain Rallies with Detroit Members Behind Rev. Kinloch for Detroit Mayor

UAW Releases New Video on Andrew Cuomo’s Failures for Working-Class New Yorkers

https://uaw.org/wp-content/uploads/2025/06/DSC00872-scaled-e1748890597855.jpg 1263 2560 Justin Mayhugh https://uaw.org/wp-content/uploads/2023/11/uaw-logo-white-transparent-trademark-300x300.png Justin Mayhugh2025-06-02 14:57:472025-06-02 15:42:00UAW Releases New Video on Andrew Cuomo’s Failures for Working-Class New Yorkers

UNION PLUS – HOTEL DISCOUNTS

https://uaw.org/wp-content/uploads/2025/06/HotelDiscounts_1080x1350.jpg 1350 1080 Roy Escandon https://uaw.org/wp-content/uploads/2023/11/uaw-logo-white-transparent-trademark-300x300.png Roy Escandon2025-06-02 12:30:102025-06-02 12:30:10UNION PLUS – HOTEL DISCOUNTS
People's Voice Winner Award
Webby Award Logo

© 2023 UAW - ALL RIGHTS RESERVED Privacy Policy  |  iSynergy Website Design
  • Facebook
  • X
  • Youtube
  • Vimeo
  • LinkedIn
  • Pinterest
  • Instagram
Mercedes-Benz Workers in Alabama File for Union Election as Southern Autoworkers...Mercedes Alabama WorkersPhoto of MFJ Union members on strike at Mobilization For Justice in New York.Unionized NYC Legal Workers Hold Longest Strike in Over Two Decades
Scroll to top
Get Member Info

Get Member Updates

This secure form is for collecting your information for union communication purposes only.

  • Used for member verification purposes only. Numbers only. Ex: 1234
  • Numbers only. Ex: 2330