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Atlantic City Casino Smoking
A gambler smokes while playing a slot machine at the Hard Rock casino in Atlantic City, N.J., on Aug. 8, 2022. (AP Photo/Wayne Parry)

Workers take their quest to ban smoking in Atlantic City casinos to a higher court

Workers seeking to ban smoking in Atlantic City’s casinos are asking an appeals court to consider their request, saying a lower court judge who dismissed their lawsuit did so in error

By WAYNE PARRY
Published - Sep 06, 2024, 05:05 PM ET
Last Updated - Dec 16, 2024, 07:29 PM EST

ATLANTIC CITY, N.J. (AP) — Workers seeking to ban smoking in Atlantic City's casinos on Friday asked an appeals court to consider their request, saying a lower court judge who dismissed their lawsuit did so in error.

The workers, calling themselves Casino Employees Against Smoking Effects, filed an appeal of a Superior Court judge's dismissal of their lawsuit that sought to end smoking in the nine casinos.

Judge Patrick Bartels said on Aug. 30 that the workers' claim that they have a Constitutional right to safety "is not well-settled law,” and he predicted they would not be likely to prevail with such a claim.

The appeal seeks so-called “emergent relief," asking the appellate division to quickly hear and rule on the matter.

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