In our spotlight on Business Report tonight, smoking will continue inside Atlantic City's casinos.

A superior court judge on Friday dealt a major blow to a group of casino workers who've been trying to get smoking banned from casino floors.

The judge dismissed their lawsuit and kept in place a loophole that exempts casinos from following the statewide ban on indoor smoking.

As Ted Goldberg reports, the union for workers argued they had a constitutional right to breathe clean air.

But the judge didn't see it that way.

It was like a gut punch.

How about a kick in the groin?

Casino dealers hoping to avoid tobacco smoke were dealt a losing hand last week when a judge dismissed their lawsuit that tried to ban indoor smoking in Atlantic City.

I had actually allowed myself to believe that that justice was going to be done this time.

We waited three months just to hear.

We were dismissed and that everything else the other side wanted was granted.

New Jersey Smokefree Air Act bans indoor smoking in almost all workplaces and public spaces.

Casinos are a notable exception, and workers argued that the carve out violated the state constitution.

A judge disagreed and threw out a lawsuit filed by a union representing some casino employees, saying while the court is sympathetic to the health hazards, it has determined that safety is not a fundamental right.

I find that so outrageous.

When the casinos said it in court, I was shocked.

The judge argued while workers have the right to pursue and obtain safety in the workplace, that safety is not guaranteed, particularly when a person freely chooses to work in a dangerous profession.

Nancy Erika Smith, lead counsel for the union, plans to appeal this ruling to the state Supreme Court.

That's really not how we live anymore.

That you just say quit your job.

If the job is made unsafe by greedy corporations, hey, coal miners, they don't have to work in coal mines.

Why are we going to make them safe?

We could say women don't like being sexually harassed.

Stay home.

The dismissal was praised by the Casino Association of New Jersey President Mark Giannantonio said in a statement.

We are gratified by the court's decision to dismiss the casino industry and other stakeholders, including the City of Atlantic City and unite here.

Local 54 have taken significant steps over the years to create a healthier environment for employees and patrons, including limiting smoking to just a fraction of the floor.

Space Workers are now looking to go the legislative route, even though bills to ban smoking in casinos have stalled in Trenton.

They have the opportunity to do the right thing right now as soon as they get back in session.

Let's move the bill.

Let's make it right for these workers.

We're going to be calling people out publicly.

We're going to be doing P.R.

campaigns.

We're going to have rallies where, you know, again, we're fighting for our lives.

We're like a cornered animal right now.

We're fighting for our lives.

So whatever we have to do, we will do.

We need somebody courageous enough to say this is wrong.

It's time to stop it.

And there are people that have an opportunity that have influence and power in this state that are not stepping up.

A bill to eliminate the carve out for casinos did pass the Senate Health Committee in January, but we haven't heard much about it since the.

Court adopted the casino argument that Atlantic City is different.

Other than their intense political contributions, I can't imagine why Atlantic City is different.

We're going to keep on taking any opportunity we have to keep fighting for this.

We're not going to stop.

We are fighting for our lives, literally.

Some of our opposition are waiting for this to end and us to go away quietly.

And it's not going to happen.

We have to do this every night, 8 hours a day.

It's not we're not going away and we will win this fight.

There's no doubt about it.

Casino workers say if the bill continues to stall, more people will be at risk of inhaling secondhand smoke.

As we're waiting and as we are, everybody wants to see what happens.

I get to see what really happens.

And it's another cancer diagnosis from my girlfriend just recently.

It's time to recognize that these workers deserve the same as everybody else.

The casinos have argued that eliminating smoking would lead to a loss of jobs and revenue.

Some say less smoke would invite more gamblers.

But it's a safe bet that this argument isn't going away quietly any time soon.

For NJ Spotlight News, I'm Ted Goldberg.

Support for the business report is provided by Riverview Jazz, presenting the first annual Jersey City Latin Jazz Festival on Saturday, September 14th at Exchange Place Plaza in Jersey City.

Performance schedule and further details for this open to all event can be found online at RiverviewJazz.org