NJ Group
Sues Over Casino Smoking Exclusion
As reported by the Press of
Atlantic City: "A coalition of proprietors
from the hospitality industry sued the state
Tuesday, asking a U.S. District Court to overturn
a smoking ban that excludes the casino industry.
"'If
the casinos weren't excluded, we wouldn't be
here,' said attorney Robert Gluck, announcing
the lawsuit at Lorenzo's Restaurant, a century-old
establishment — whose proprietor is one
of the plaintiffs — less than a mile from
the Statehouse.
"The
10-page complaint, filed in U.S. District Court
in Trenton, alleges that the smoking ban violates
state and federal constitutional rights to equal
protection by unfairly exempting casino gaming
floors. The coalition also plans to seek an
injunction to put the smoking ban on hold until
the lawsuit is resolved.
"…Former
Gov. Richard J. Codey signed the New Jersey
Smoke-Free Air Act into law Jan. 15. The ban
applies to all public places with the exception
of casino gaming floors and cigar bars.
"Southern
New Jersey lawmakers from both parties successfully
pushed for an exemption for the casino industry,
arguing the ban would damage an industry crucial
to the region's economy. The lawsuit calls the
exemption 'merely an act of political favoritism.'
"Many
casino workers have complained that the exemption
reduces them to second-class citizens, unworthy
of the same protections as other hospitality
industry workers. A lawmaker from the Atlantic
City area, Assemblyman Jim Whelan, D-Atlantic,
has sponsored legislation to remove the casino
exemption…"
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