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NJ Smoking Update: CEASE Lawsuit in Appellate Division Process as Unions Feud

The CEASE smoking lawsuit is currently going through the normal process in the Appellate Division, with a chance to appeal later.
a man smokes while at a slot machine
Photo by Wayne Parry/Associated Press
Corey Sharp Avatar
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Casino Employees Against Smoking Effects (CEASE) and the UAW union are continuing their legal battle with the state over casino smoking, despite the failure of their original suit earlier this year. The case is currently under consideration by the Appellate Division.

CEASE and UAW have pursued this legal action among other tactics to put pressure on key lawmakers and political figures in the Garden State. Their goal is to eliminate smoking inside Atlantic City casinos.

An added wrinkle to the fight is the scrutiny Local 54 of the Unite Here President, Donna DeCaprio, has received for being in favor of smoking.

Keeping track of CEASE legal case in New Jersey

CEASE has been attempting to ban cigarettes inside casinos in multiple states, including New Jersey and Pennsylvania, for years. It has taken multiple angles to do so in the Garden State.

New Jersey Superior Court judge ruled against casino workers in a court decision last August, which triggered CEASE to file a request for emergent relief to the NJ Supreme Court back in September. However, that was denied.

CEASE told PlayNJ on Wednesday that the case is currently going through the normal process in the Appellate Division, with no acceleration. The organization can still file an appeal at the Supreme Court level if the Appellate Division don’t go in favor of the workers.

While CEASE is waiting for the legal process to play out, it is also taking matters into its own hands. It has pressured lawmakers by publishing digital campaigns that details what casino employees endure working in smoke-filled environments.

The organization has also called on Gov. Phil Murphy, and his wife, Tammy, who is a champion of women’s health.

Union president gets backlash for smoking stance

The UAW union is on the same side as CEASE, desperately wanting to ban smoking at Atlantic City Casinos.

On the other hand, DeCaprio said that a smoking ban would be “catastrophic” for the industry, citing that between 50% and 72% of all gambling revenue won from in-person visitors comes from smoking sections.

Some have called for her resignation for her failure to protect casino workers in the Garden State. Nicole Vitola, CEASE co-founder and a table games dealer, told PlayNJ on Wednesday:

“Many CEASE members are Local 54 members, and we believe that anyone who represents casino workers should join us in supporting closing the casino smoking loophole.

“Some Local 54 members work in roles that may not experience the same level of direct exposure to secondhand smoke as dealers do, but as dealers, we face this health risk day-in and day-out on the casino floor. This fight is about protecting the health and safety of all casino workers, and we hope Local 54 will stand with us in this fight.”

UAW had a much harsher stance on DeCaprio. Ray Jensen, assistant director of UAW Region 9, told the Associated Press:

“She should be ashamed of herself. She should hand in her union card.”

There are certainly a lot of moving parts to the smoking battle in New Jersey. Unfortunately for CEASE and UAW, there is no timetable for an end. The two groups won’t stop fighting, though, until there is one.

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Corey Sharp

Lead Writer

Corey Sharp joined Catena Media in 2022 and is the go-to expert for New Jersey gambling. Born and raised in Philadelphia, PA, he previously worked for the Philadelphia Inquirer and NBC Sports Philadelphia as a sports journalist and content producer. In Corey’s role as Lead Writer for PlayNJ, he works alongside a talented team of expert journalists and analysts to bring you the most comprehensive and accurate coverage of gambling news in New Jersey. Corey’s contacts around the industry makes him a trusted source. Corey produces daily stories and features about the gambling space. Corey graduated from Holy Family University in Philadelphia with a bachelor’s degree in sports management.

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