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StumbleWynn seeks dismissal of second-hand smoke suit
Sunday, Dec. 13, 2009 | 12:15 p.m.
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- Caesars Palace smoking lawsuit dropped, Wynn suit continues (12-8-2009)
- Strip resort sued over second-hand smoke (10-21-2009)
- CityCenter’s Aria to protect blackjack dealers from smoke (8-21-2009)
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- Study finds high pollution levels in casino restaurants (1-15-2009)
- Smoking ban not doing all the banning sponsors hoped (7-21-2009)
Sun Coverage
Attorneys for Wynn Las Vegas are seeking dismissal of a lawsuit claiming its casino workers are exposed to dangerous second-hand tobacco smoke.
In court papers filed Friday, Wynn's attorneys argued:
--The suit appears to be part of a union campaign involving Wynn casino dealers.
--Wynn is in compliance with the Nevada Clean Indoor Air Act, which specifically allows smoking in casinos.
The lawsuit was filed Oct. 20 in federal court in Las Vegas by dealer and Transport Workers Union officer Kanie Kastroll.
The suit, filed by Chicago class-action lawsuit firm KamberEdelson LLC, seeks an order requiring Wynn "to take reasonable measures to protect its employees from second-hand smoke" and unspecified costs and attorney's fees.
Kastroll claims in the lawsuit that exposure to smoke is causing eye irritation, coughing, sore throat, sneezing, shortness of breath, dizziness, wheezing, tightness in the chest, asthma, headache, nausea and ingestion of cancer-causing chemicals and toxins.
But after her lawsuit was filed, the Transport Workers Union Gaming Division issued a press release distancing itself from the lawsuit and praising Wynn Las Vegas for its efforts to reduce second-hand smoke.
The TWU Local 721 in 2007 won the right to represent some 1,100 dealers at Wynn and Caesars Palace, but has not yet signed contracts with either casino.
A similar smoking lawsuit was filed by KamberEdelson against Caesars Palace this year, but it was dismissed this month after KamberEdelson said unspecified "outside forces" interfered with its ability to represent the plaintiff, former dealer Tomo Stephens.
In the Wynn case, attorneys for the Las Vegas Strip resort with the law firm Brownstein Hyatt Farber Schreck LLP argued Friday: "The real basis for this action appears by all measures to be the pursuit of a political agenda."
"Although not specifically disclosed in her pleading, plaintiff is the president of a local union who has fought for years to unionize a certain group of Wynn's casino workers. In what appears to be either a retaliatory lashing out at the Wynn or an otherwise shameless grab for publicity, plaintiff has filed this action with no real causes of action under Nevada law, and no jurisdiction whatsoever for this court," Wynn said in its filing.
"Plaintiff's complaint reads more like a union rally speech than a legal pleading. Whether her baseless and inflammatory allegations are really designed to simply garner support and appreciation from the people plaintiff hopes to represent in her union is an obvious and fair question," Wynn's filing said.
The Wynn attorneys also asserted that with "the Nevada Legislature's specific endorsement of Wynn's conduct, Wynn has no duty to shield its employees from second-hand smoke and plaintiff's claims must therefore fail."
Wynn's filing noted that the 2006 ballot measure creating the Nevada Clean Indoor Act, as codified by the Legislature, specifically exempts from regulation areas within casinos where loitering by minors is already prohibited.
"In essence, plaintiff asks this court to override the Nevada Legislature's judgment on these very issues and judicially legislate how the gaming industry conducts its business," Wynn's response said.
Wynn's attorneys also noted there's debate in the scientific community about at what level second-hand smoke becomes dangerous and that it would be impossible to determine whether injuries associated with such smoke were sustained in a casino -- or elsewhere.
"Due its ubiquitous nature, the court can never be certain about the source of any individual claimant's exposure to second-hand smoke. Indeed, Wynn cannot control its employees' exposure to tobacco smoke outside of the workplace. It may be true that many of its employees are exposed to second-hand smoke on a regular basis while at home or other places they frequent," Wynn's filing said.
The Wynn attorneys pointed out the Nevada federal court has dealt with proposed casino dealer second-hand smoke class-action lawsuits before.
In 2001, a proposed class-action involving four lawsuits filed in 1997 and 1998 was rejected when a judge found the dealers' lawsuits were "replete with individual issues" rather than issues common to all the dealers. For instance, smoke levels vary by casino and employees in different areas of the same casino are likely subject to different levels of second-hand smoke.
The Wynn attorneys also said certifying the Kastroll lawsuit as a federal class-action would be impossible under the so-called home state controversy rule, which prohibits federal courts from considering class actions that involve disputes limited to a single state.
In this case, Wynn's filing said, 99.56 percent of its 12,264 employees are Nevada residents. Kastroll's suit seeks to represent all former, current and future non-smoking Wynn employees.
In other cases, plaintiffs have dealt with this home state controversy rule by transferring proposed class-actions to state courts.
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As I have said, not only will Mr. Wynn get this idiotic lawsuit dismissed, he will crush his enemies who brought this action. You don't mess with the Wynn...
If we see you smoking we will assume you are on fire, and we will take appropriate action!
workers who do not want to be exposed to second hand smoke - should state so on there job application - or state so now - so the casinos could ask them to politely leave the work center !!!!
frivilous law suits are causing the legal system to be backed up & THE PEOPLE THAT BRING THEM SHOULD BE BROUGHT TO JUSTICE BY FINANCIAL EQUATIONS THAT DETER THE ABUSE !!!
SIN CITY IS NOT -- DISNEY WORLD !!!
RESPECTFULLY YOURS - BELAIR --
If you can't stand the smoke, don't work there, don't play there, stay away. Simple!!
more work for whore lawyers and judges who could not make it as lawyers///the scum of our society////////if u buy coffee at mcd and spill hot coffee on yourself ,it is your fault//no way say the lawyers//we can sue//u make money and i do//////we must eliminate the whores from trying to make money all the time//////we have become a nation of greed and injustice and the whore lawyers are leading the charge
although i agree with the casino workers,if its a big issue have the patron move the ash tray. what the casinos need to enforce is the nevada state law about bathrooms.the last thing we need is some drunk ass lighting up the minute they walk into a rest room.
I use to work at the Wynn, I wasn't around the players tables all the time, It was pretty bad (sometimes) As bad as it is, the dealer still chose this line of work. After all, they still get a break every 20 minutes !!!
Will the dealer ask the customer to put out their smoke then expect a tip ???
I can give this dealer some advice: GO WORK AT A NON SMOKING CASINO !!! (see what kind of tips you get there)
Don't sue Steve Wynn he's a cigar smoker himself, are you going to ask him to put his smoke out ???
FRIVOLOUS ! FRIVOLOUS! FRIVOLOUS !
Comrads - We can't object to smokers when we took the job in the first place knowing full well it was a smoking environment ... this is an absurd and stupid position. Merci.
souper12 :
It appears that you have some unresolved anger issues. Have you tried the many quality decaffinated brands that are on the market these days?
Come on guys. I have worked as a dealer for nearly 20 years and no one likes smoke blown in their face. Yes, it is the business we have taken up, but it would be nice for our employer to do what they can to ensure a safe place to work. The tables can have blowers in front of the trays that help, and air ventilation is a expense that is worth it for your players and your staff. I think they should be able to work it out if both parties would bend a little.
Throwout the lawsuit and can the no smoking law at bar/restaurant establishments.
BREATHING IS NOT A CHOICE!
Those of you who tell people to go work somewhere else must not know:
1. Coal miners were dying in the coal mines because they were not given proper breathing and safety equipment.
2. Fire fighters are given safety equipment and breathing apparatus to keep them safe and alive.
3. Police officers have bullet-proof vests, mace and other equipment to protect them at their jobs.
4. Flight attendants were able to get the airlines to go smoke free because they were getting asthma, COPD and higher rates of cancer from secondhand smoke exposure!
5. Pregnant women who work in casinos are not given "special treatment" and are placed at smoking tables.
6. Casino executives, like Steve Wynn, work in smoke-free offices yet they make sure "lower level" employees are breathing toxic air from cigarette and cigar smoke blown into their lungs.
Did you guys not see Norma Rae or Erin Brokovich? They fought for the employees!
This is a breathing issue at the workplace!
BREATHING IS NOT A CHOICE, NO MATTER WHERE YOU WORK!
YouTube has a video, "Casino Lung Cancer." Check it out. This is JUST ONE casino employee with lung cancer who didn't smoke. Then ask yourself if you condone death to casino employees because you believe they are less than human.
Did Wynn pay off the legislators to waive the smoking ban in casinos? Smoking should be banned in all public places. Smokers stink up the place!
Smoking has always been allowed in Casinos. Yet your Unions whined about getting breaks so the Casino gave you your 20 minute breaks every hour. You already make over $100,000 annually as a dealer yet you still want more. You work off of tips, so do the cocktail servers, so do the nightclub workers, promoters, hosts, cab drivers etc. I don't hear anyone of those people complaining !! When is this going to stop ? You still want customer tips ? You can't have it both ways !
Again I say !
GO WORK AT A NON SMOKING CASINO !!!!!!!!!!
20% of Americans smoke so FU 80% of Americans that don't
Stevie,
My grandfather never smoked nor worked in a smoking environment and he had lung cancer. Sh** happens.
I hope Wynn wins. We need to roll back the nanny state anyway.
Jtru,
My great uncle smoked his whole life - died at his farm at 93, no lung cancer. Not everyone who smokes develops lung cancer. And as you said, not everyone who gets lung cancer smokes.
Where is a non-smoking casino in town? Why should I have to be subjected to having smoke blown in my face and come home smelling like stale cigarettes just so some inconsiderate addict can polite my air?
Silver City (Near Riviera) was a non smoking casino in the '80's.
they didn't survive. I'm a non smoker, but as long as tobacco is legal, there will be some places where it is allowed. Here in California, it is against the law to smoke in a business, even a bar or bowling alley.
As I read this article I just laugh. Some of the dealers at the Wynn can be soo greedy. Upset because you share your tokes with the floor. I work in California at a Indian Resort and you think you have it bad with smoke. Please visit any Indian Reservation, that have lower ceilings.. Smaller space. This is just a way to get back at Wynn. If you cannot stand the smoke then you should have never applied to work there. Working in a casino, 1st of all on applications it asks if you are able to work in a smoking environment. If you applied yes then what is the problem. The Wynn has one of the best resorts in Vegas. Travel to old downtown where they don't give a crap and won't hear it.
You make over 80,000 a year with the economy free falling.. How greedy can some people get. What experience do we have to make that kind of money? All you do is deal cards and provide some customer service. We get more breaks then any other business. With out the help of floor supervisors how far can you get? If you cannot stand the smoke go deal in a poker room?? Those are mostly non smoking. But its a lot more work then just standing there looking pretty..
When I checked out the Wynn property for two hours, I went to see that real nice sports book room and started watching some NBA games that were going on while elaborating my posted wagers....However I had to leave the sports book room immediately as it was like someone chucked out a whole barge shipment of smoke bombs and lit them off simutaniously within the sports book in there.... Not only it was soooooooooo friggin naaaaaaasty, there was so much visible smoke lingering around, it was similar to a spewing smoke stack from an oil refinery along the Inland Empire in Southern California....it's a wonder the fire department didn't respond on the automated tone alarm or the sprinkler system didn't go off.
Truly the Wynn sports book room is the worst smoked filled area in all of Las Vegas that I ever encountered, and I visited practically every hotel casino establishment that exists in Las Vegas except for CityCenter.
It needs a serious purge system or improved ventilation at minimum, I really can't fathom how the sports book staff and the cocktail servers can stand working in that area at all.
As a non smoker.... within the first millisecond I smell or taste any lingering cigarette smoke, I will hold my breath until I clear the path of smoke.
I hope Wynn applies for that male Brothel opening, what a L-O-S-E-R!!!!!
The shameful legacy of the Nevada legislature summed up in one of this article's lead-in paragraphs "Wynn is in compliance with the Nevada Clean Indoor Air Act, which specifically allows smoking in casinos." What makes a state great? Legislative articles that are laughable examples (make that sad examples) of oxymorons? How does a state's legislative body allow plain examples of ridiculously contradictory terms to be written into its laws? Steve Wynn is often referred to as a visionary and that term is well deserved. He knows that it is simply a matter of time before a law as prominent as the "Nevada" Clean Air Indoor Act is stripped of its caveman logic. One of the great driving motivations to Mr. Wynn's visions has always been money, which is understanable. The system demands that that issue be carefully assessed or failure results. But the gamblers will persist at the tables whether allowed to smoke or not so he need not be too concerned. Yet he will likely go to his grave fighting this aspect of human safety based upon perception alone that it is financially sound to do so, notwithstanding he's allowing his prized employees to line up and take a dose of something he would never allow anyone he loves do the same. But ask Mr. Wynn today to wager on whether the exemption will exist within the legislation 30 years from now. His ability to predict the future convinces me he knows that the innane wording of the provision will go by the boards, meaning one day in the not too distant future, Nevada's legilators will assign to their "Clean Indoor Air" law the meaning a third-grader would assign to it. Like the scorpion riding the back of the frog across the river, Mr. Wynn isn't thinking, he's reacting to his business impulses. One last note, there seems to be no sympathy for Wynn dealers because they command a significant salary. But what of the dealers who work throughout the state at the Miner Charlie's and Betsy's Bonanzas of the Nevada casino world. They live in the "A double-crooked letter" locations of the state, so their choice is to take on the cancer or get into the unemployment line. What we are witnessing is a contest between Mr. Wynn (together with the rest of the casino executives who promote the exemption) versus the legislators who buy into the, or should I say, are "bought into" the exemption, as to who wins the "shame of a lifetime" award.
Good comment nonewz! There is no legitimate reason why non-smokers should be forced to breathe the polluted air caused by the "cancer stick" smoking addicts so that the casino owners can make more money. If there was a gas leak or chemical spill the whole place would be evacuated, but it's ok to have to breathe cigarette or cigar fumes for several hours a night!
Smoking is state sponsored death. The state converts the death of it's citizens into huge tax dollars. Casinos also make extra revenue from Tobacco sales. Tobacco industry reaps huge amounts of profit from the deaths of the uneducated and the poor. Within the next 25 years, smoking and tobacco products will be viewed in the same way we view slavery today. WTF were they thinking. It is not about the rights of smokers, it is about the money. Tobacco is so lethal that people might as well be smoking asbestos. Wake up!