Cigar Aficionado

Smoking Lawsuit Against Wynn Casino

A federal judge recently denied a motion by Wynn Las Vegas attorneys to dismiss an employee's lawsuit that charges the hotel-casino with creating an unsafe work environment by allowing secondhand smoke, reported the Las Vegas Sun.

Senior Nevada U.S. District Court Judge Lloyd George also ruled that Kanie Kastroll's suit could seek class action status, meaning it could represent all former, current and future non-smoking Wynn employees.

The suit alleges that Kastroll, a dealer for Wynn Las Vegas casino, was exposed to secondhand smoke while working and, due to casino policy, was unable to voice her dissension without feat of being disciplined and losing her job.

"If a customer asks a dealer ‘Do you mind if I smoke?,' Wynn Las Vegas prefers its dealers to answer ‘No, not at all,' even if the tobacco smoke does in fact bother the dealer and causes him or her adverse health effects," the suit says.

The suit was originally filed in October 2009 by Chicago-based law firm KamberEdellson LLC, a firm known for representing class action suits.

Attorneys for Wynn Las Vegas argued the casino had no duty, under Nevada law, to protect employees from secondhand smoke.

The Nevada Clean Indoor Air Act prohibits smoking in most public places, but does exempt casino floors where gambling is allowed.

KamberEdellson was the same firm that represented a lawsuit filed last year against Harrah's Entertainment, the company that manages Caesar's Palace.

That suit was abruptly dropped.

"This is a free country. That person is not forced to work there. If you can't hack it, quit. We are slowly losing our rights. Where does it end? Lets ban smoking and DOUBLE unemployment-NOT!!!" —December 23, 2010 19:08 PM
"Yes and our Casino has had a terrible time trying to get people here in Windsor. So many layoffs and desperate attempts to get people there. They even let Caesars of Las Vegas buy it and still down hill. But you can smoke in Detroit and they have all our business." —October 30, 2010 07:33 AM
"Illinois banned smoking in all public places,and the Casinos turned into ghost towns in Illinois,guess who still allows smoking? Indiana,guess who is raking in the dough with Casinos jammed with people with Illinois plates? Yep Indiana. Guess who has the second worst deficit in America? yep Illinois,guess who has a surplus? yep Indiana." —October 27, 2010 19:11 PM
"Good for the courts. It's a shame when the obvious is challenged. If you work at a placed that can allow smoke then you stand the chance to encounter smoke. Simple enough. This is nothing more than a person and a law firm looking to make a quick buck. As result if these suits ever succeed we lose our rights. Nevada did the right thing with this one." —October 26, 2010 17:58 PM