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Ex-dealer sues over exposure to smoke

Caesars, parent named in lawsuit

A dealer who spent two decades at Caesars Palace has sued the Strip resort and parent company Harrah's Entertainment in federal court claiming that exposure to secondhand smoke forced her to quit her casino job.

In a lawsuit that attorneys are seeking to have certified as a class action case, former blackjack dealer Tomo Stephens claimed Caesars Palace isn't doing enough to protect its workers from the dangers of secondhand smoke.


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  • The lawsuit, filed Wednesday in U.S. District Court in Las Vegas, contends Caesars Palace, since being acquired by Harrah's in 2005, has removed nonsmoking gaming areas from the casino floor, forbids employees from designating certain gaming tables as smoke-free and encourages smoking among its customers.

    "The point of this lawsuit is not to ban smoking in casinos," said Jay Edelson, a Chicago-based attorney who filed the action. "The real goal is to change what they're doing. At least offer areas that are nonsmoking where employees can circle in and out. We are not trying to stop smokers from gambling."

    The lawsuit claims that Caesars Palace participated in a multiyear investigation by the National Institute of Occupational Safety and Health that assessed the levels of second-hand smoke in three casinos.

    The study found that chemicals associated with second-hand smoke exist both on casino floors and in the bloodstreams of casino employees.

    "We are not asking that Caesar's Palace become smoke-free," Edelson said. "They must take steps to protect the health of their employees. That's reasonable and it's humane."

    According to the lawsuit, Stephens suffered exposure to secondhand smoke during her career at Caesars and was forced to quit her job in June. A physician discovered pre-cancerous cells in her stomach and told her that continued exposure to secondhand smoke could aggravate her condition.

    Stephens resigned when Caesars would not provide her with employment in a nonsmoking area of the casino.

    The lawsuit claimed Stephens was not given any severance and she is in danger of losing her home to foreclosure because she is unable to work.

    "She wasn't even given a sympathy call after informing Caesars of her need to resign," Edelson said.

    The lawsuit is asking that Caesars Palace take steps to protect its employees, including installing ventilation systems that minimize secondhand smoke, designate certain casino areas as nonsmoking and accommodate employees adversely affected by secondhand smoke.

    Harrah's spokeswoman Jacqueline Peterson wouldn't comment on the specifics of the lawsuit. She did say the poker room at Caesars Palace is designated as nonsmoking.

    The combination of smoking and gambling took a hit two years ago when Nevada voters approved a ballot initiative that banned smoking in restaurants, taverns and other locations where food is served. The initiative's passage, however, sent many gamblers to casinos because their gaming areas were not affected by the new law.

    Slot machine route operators and tavern owners have said the smoking ban has damaged their revenues. During the recent legislative session, bar owners testified they lost 20 percent of their business and have been forced to lay off employees because of the smoking prohibition.

    Last year, Atlantic City leaders halted smoking in casinos for several weeks, but overturned the ban when casino operators and customers complained. Atlantic City casinos permit smoking on no more than 25 percent of their gaming floors.

    A 2008 ban on smoking in Colorado casinos was blamed by operators for reducing gaming revenues.

    Contact reporter Howard Stutz at hstutz@reviewjournal.com or 702-477-3871.

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    Sheila wrote on July 27, 2009 05:07 AM: Been in the hospitality industry for 35 years. Get my health check ups yearly. My doctor has NEVER told me to quit my job due to second hand smoke!
    The hype that has been created against smokers by the company that SELLS nicotine replacement products is just that, HYPE! A half a billion dollars per year to demonize and ostracize smokers onto their products. Politicians and newspapermen are not cheap, some are cheaper than others! This companys' sales were sixtyfour billion last year. Check Johnson and Johnson AND their philanthropic arm, the Robert Wood Johnson Foundation. Their money funds all the Federal, State and County level pro ban movements. Their money pays for radio and newspaper ads. Their money funds all the studies that amazingly support their agenda to get people on nucotine replacement products.
    Surely, even you pro ban people have been curious as to WHY these people are not lobbying to stop the SELLING of nicotine products.
    No tobacco selling equals NO nicotine replacement sales!
    When a South Dakota Senator proposed a bill to ban the selling of tobacco the pro ban people were the FIRST AND LOUDEST AGAINST it!!!!!! Oh yeah, your NON PROFIT friends at American Cancer and American Lung Association, and the Tobacco Free group. They ALL receive funds from Robert Wood Johnson Foundation. NONE of them want tobacco banned!!!!!!
    Like some bread with all this baloney????????



    What a marketing scheme!

    Robert Wood Johnson calls itself a non profit. When actually, ALL nicotine replacement sales benefit them directly. (They hold over thirty million shares of J&J)

    All these funds are funneled through other so called non profits.


    eric nguyen wrote on July 25, 2009 02:46 AM: Health over greed! finally a class action lawsuit againt those casinos who only think about themselves and not the employees who make the casinos run while being destroyed by secondhand smoke. Atlantic city will follow suit with class action lawsuits, just watch!! ban it 100% now!


    old vegas wrote on July 24, 2009 11:00 PM: It looks like the main point here is that casino dealers just want to be treated humanly. If an airline stewardess is subject to second hand smoke or a government worker everyone comes to their rescue. Aren'T dealers people to? What amazes me is that this group of workers seems to really care about the gaming industry and the economy (theirs to) for they aren't asking for an all out smoking ban. Its every Americans right to have a safe working environment and it`s certainly within these dealers rights to ask for an all out ban. Kudos Caesars Dealers classy move! These workers families will never see them on holidays or normal hours, they are subject to verbal abuse and repetitive stress injuries and haven't seen a pay raise in decades. It would seem that workers sacrificing their health would be compensated with great health insurance but dealers are not even given the same health insurance as other workers around them. Dealing is not as lucrative as it once was. These guy`s and girls sacrifice a lot for the city. Our city needs to support them on this one.


    lv resident wrote on July 24, 2009 08:07 PM: to Patrick:

    you didn't consider all the possible interpretations to the data in LV Sun story.

    the lack of statistical difference in study between casino workers in smoking area and casinos workers in non-smoking area could mean that the smoke particulates traveled to all work areas, thus affecting all workers almost equally.

    sounds like there's more to study.


    pete wrote on July 24, 2009 06:27 PM: I would love to see all businesses become non-smoking.
    Why should anybody be subjected to another persons smoking?
    Think about how weak minded smokers are - they are all just sad to be smoking. Everyone single one of them wishes they were a non smoker like me.


    RonNV wrote on July 24, 2009 05:17 PM: This sounds like a typical Chicago lawyer shakedown. You honestly think that the attorney cares about anything other than collecting a big fee. Get real. His comments are garbage and the case in garbage.


    John wrote on July 24, 2009 05:11 PM: There are 80% non-smokers vs 20% smokers. So 75% non-smoking area vs 25% smoking area. Fair for sure.


    THE JOKER wrote on July 24, 2009 04:19 PM: THIS IS FUNNY, I WONDER HOW YOUR GOD OBAMA IS DOING ON HIS SMOKING HABIT-OH YA THATS RIGHT HE SAID HE QUIT-YAAAA RIGHT!!! JUMP IN THE PREIS AND GO WEST IDIOTS!


    AP wrote on July 24, 2009 03:32 PM: Perez- Right On!

    Yolanda- If you did that to me, you would be eating your cigereete or evaluating the effectiveness of pepper spray.


    jeanned wrote on July 24, 2009 02:37 PM: In casino's you smoke, drink, gamble..if you don't like it then don't go into a casino. There are casino's that offer non smoking areas..and some casinos that ban it completely..so go there..I don't get why you anti-smoking idiots have to bother others with your never ending crap about smoking. Get a life..and leave others alone..again..if the smoking bothers you then do not go into a casino!! As far as this dealer..20yrs??? LOL..I have worked in many casino's in Vegas.. those dealers loved the money they made..


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