Posted on 03/18/2006 1:37:34 PM PST by SheLion
ATLANTIC CITY, N.J. -- A month before most indoor smoking is to be banned in New Jersey, a coalition of restaurants, bars and bowling alleys on Wednesday asked a federal judge to block the prohibition from taking effect.
The opponents of the ban, scheduled to begin April 15, already have filed a lawsuit against the state, alleging it will unfairly harm their businesses. The federal court filing Wednesday seeks to halt the ban until that lawsuit can be heard.
U.S. District Judge Stanley Chesler in Trenton did not immediately set a hearing date on Wednesday's request by the New Jersey Hospitality Industry for Fairness Coalition, the New Jersey Licensed Beverage Association, the New Jersey Restaurant Association, bowling alley owners and several bars and restaurants.
The groups sued the state March 7 over the New Jersey Smoke-free Air Act because it bans smoking in restaurants, bars, private office buildings and other indoor places but not on the casino floors of Atlantic City's 12 gambling halls.
The lawsuit says the smoking ban violates the equal protection clause of the U.S. Constitution by singling out casinos.
The groups say their businesses would suffer irreparable harm _ losing businesses, and potentially laying off workers _ while they await the outcome of the constitutional challenge.
"Three's a lot of economic impact that would be unfairly applied to other eating and drinking establishments beyond casinos if indeed it goes into effect on April 15," said Deborah Dowdell, president of the New Jersey Restaurant Association. "In anticipation of the jolt the industry would experience, we want to make sure nobody goes through any particular hardship from April 15 on. That's really the motivation."
Long sought by smoking opponents, the Smoke-free Air Act excludes the gambling areas of the casinos, which casino executives said would lose business if gamblers couldn't smoke. The casinos contend that a universal ban would lead to lost business, lower revenues, a drop in the state's share of casino revenues and, ultimately, job losses.
Supporters of the ban said the bill would not have passed the Legislature if it didn't exempt casinos, and that a partial ban was better than none. Legislation is now pending that would eliminate the casino loophole.
Opponents, including casino workers who are routinely exposed to secondhand smoke on the job, say the state enacted the ban because of employee health concerns but that the bill relegates those people to second-class status by putting the casinos' well-being ahead of theirs.
Regina Carlson, executive director of the New Jersey Group Against Smoking Pollution, said the ban is inequitable but that the Legislature has acted incrementally _ on smoking and other issues _ before. She also questioned whether the casinos would truly be in competition with bars for customers.
"It strikes me as patently ridiculous that someone's going to drive from the bar across the street from them in Teaneck to Atlantic City so they can have a smoke with their beer," said Carlson.
The Restaurant Association was opposed to the smoking ban before the casinos were exempted from it, she said.
"As a health group, we think the casinos should have been protected. But it's quite clear the Legislature has broad discretion in what they decide to consider and not consider _ health, economics, politics, the political mood, whatever."
"Way to go New Jersey!!!"
You're not kidding,but I'm afraid the deck is stacked against them.
The antis have the money and the general public has been brainwashed.
At least they are doing something and for once it made the news. heh!
I sure wish them luck though.
My bad. I thought it said "Hospital Industries" and I kept looking for something about hospitals.
It would be logical for hospitals to oppose the ban. Smokers are among their best customers.
I wish them luck too,as I do the folks at that VFW Post in Vermont.
Lol... The state may be dumb, but they ain't stupid...
That's not necessary.
Oh, they'll never get it, will they. /sigh/
I'm a non-smoker; I find it odd that anyone thinks it's a great idea to set dried leaves afire and suck the smoke into their lungs; and I try to patronize smoke-free establishments and am encouraged by their growing numbers. BUT outright smoking bans, whether by local municipalities or states, go too far. It is a gross over-reaction to a not-that-major-a-problem (given modern "smoke-eater" ventilation systems and smoke-free sections of restaurants).
What I really find offensive about the New Jersey legislation is the casino exemption. What hypocrisy! If the State has determined that restaurant and bar employees and patrons are at risk by being exposed to "second hand" smoke (a dubious proposition at best), how can they not mandate equal protection to employees and patrons of casinos? Answer: Follow the money. And follow the mob connections.
Hey, New Jersey: If you're going to ban smoking (which, I repeat, I do not advocate), at least have the guts to do it right. Surely the Honorables in the State Legislature are not intimidated by the thought of Vinnie sending the Boys over for a little chat, are they?
The gov is a janus-head. If anyone really believes that this is being done because they care about your health, then you're a fool, and I have a tropical island I'll sell you real cheap on Lake Erie.
"It strikes me as patently ridiculous that someone's going to drive from the bar across the street from them in Teaneck to Atlantic City so they can have a smoke with their beer," said Carlson.
I would have thought carrying around all that extra weight would have done irreperable harm to your health there Regina....
Thank you She Lion for reminding of that witch's name......for the life of me I couldn't remember it and the tapes of all the TV shows I went one-on-one with her are in a box somewhere and I can't find them.
Why are the rabid smoker-haters ALWAYS: A). Gay. B). fat. C). look like the walking dead?
New Jersey is STUPID! When NYC went smoke free, they got a LOT of business from people driving over to NJ.
Why? Is she a Fat Blow Hard?? Figures!
Thank you She Lion for reminding of that witch's name......for the life of me I couldn't remember it and the tapes of all the TV shows I went one-on-one with her are in a box somewhere and I can't find them.
And that was on top of all the business they got from the folks in Delaware when that state banned smoking.
I wouldn't use the term 'fat' - but she is buying her clothing in the WOMEN's department not in Misses........
LOL!
HAHAH!!!
Instead of wasting their time sueing over the issue of Constitutionality, they should gather some experts and fight over the junk science issue.
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