in our Spotlight on Business Report Atlantic City casino workers take their smoking battle to court oral arguments began today in a lawsuit brought by Casino table workers represented by the United Auto Workers Union who want a loophole closed in the state law Banning indoor smoking that's allowed people to continue lighting up on Casino floors workers say it puts their health at risk but another Union representing separate Casino workers say a full ban that would be bad for business and ases Ted Goldberg reports they've got the New Jersey Attorney General on their side the purpose of this law is to prevent sickness and death from secondhand smoke the purpose of the Smoke free Air Act is not to put money in casino's pocket the fight over smoking in casinos has moved from Trenton state house to a Trenton Courthouse attorney Nancy Erica Smith arguing in superior court today that part of New Jersey smokefree Air Act is unconstitutional because of its carve out for casinos there's a fundamental constitutional right not to be excluded from a special law and there is a fundamental constitutional right that they want to pretend isn't in the Constitution to safety the one thing she is not identified is a single case that the New Jersey Supreme Court has ever said there is a freestanding right to safety this lawsuit involves two unions battling each other Unite Here Local 54 has joined the state's attorney General's office in stating that banning smoking in casinos would lead to massive job losses one estimate I think was 2500 persons in the first year that has a net effect on the health of New Jersey citizens because those families that lose their jobs may not be able to pay for food and therefore it affects their health estimates have varied on how many jobs would be lost if any the AG's office wants the lawsuit dismissed and argued that lost Revenue would be devastating to the state while the other Union involved says Banning smoking would actually attract more gamblers there is a benefit to having that funding available it's not it's not in a morphic it is not a hypothetical it is an an actual benefit of a half a billion dollars to help those people each year not only does it affect our dealers but it affects the general public that is out on the floor the tourists that come into the casinos the people that come there for vacation uh that might not want they just want to go to the casinos and and have fun but they got to deal with smoke the United Auto Workers union represents around a thousand dealers and slot machine technicians in AC Raymond Jensen Jr is the assistant director for the UAW region spanning New Jersey New York and Pennsylvania and says employees who asked to work away from smoke are sent home the lawyer for the other Union Unite Here said in court that bartenders actually prefer to work around smoke the gamblers are there longer in the smoking section pay more in terms of tips that is why in your economic interest uh barke Keepers barers bartenders barbacks and the cocktail service like to work in those section that's absolutely ridiculous I've been working in the casino for almost 30 years I've never heard any employee ever say I would like to work in a smoking area smoking customers do not tip more than non-smoking customers that's completely false Pete narelli is a dealer at Borgata and the co-founder of CE a group of Casino employees hoping to get smoking banned from their workplace they thought that the first day of oral arguments went their way this is just an indefensible case and so did state senator Joseph Vitali he chairs the health committee which passed a bill that would ban smoking in casinos completely that was four months ago and he thinks that bill can pass the full Senate I am optimistic I've taken on tough issues in the past it's not about me though but I understand the importance of this and so the legislators they know if this vote would put up tomorrow for a vote uh and they there no outside influence or pressure this vote would pass this bill would pass overwhelmingly we've been talking to legislators a lot in the last couple weeks um we think we have the votes to pass it we're calling on the Senate President and the committee heads to put the bill up the judge in this case said a written ruling could come in a few days while others anticipate it might take weeks in Trenton I'm Ted Goldberg NJ Spotlight news support for the business report is provided by Riverview Jazz presenting the 11th annual ual Jersey City Jazz Festival May 29th to June 2nd event details including performance schedules and location are online at Jersey City jazz festival.com