Casinos Face Frivolous Second-Hand Smoke Lawsuits

Both the Wynn Casino and Caesars Palace are being sued by employees who claim second-hand smoke is causing such deleterious effects as eye irritation.

A suit filed in US District Court in Las Vegas marks the second action by casino employees against their employers for subjecting them to the dangers of second-hand smoke. Wynn Casino employee Kanie Kastroll charges that smoking permitted to patrons causes her to suffer ill effects.

The suit was filed by KamberEdelson, a law firm that in July charged Caesars Palace with a similar violation. The law firm is attempting to get the suits classified as class-action  cases, which would greatly increase the profit the trial lawyers might make if they can convince a court that the unconfirmed effects of second-hand smoke were forced upon employees who chose to work at the casinos.

An examination of the studies on second-hand smoke reveal conflicting data, with advocate groups distorting and cherry-picking results to present a supposedly settled picture of the unhealthy effects of being in smoking areas. But legal evidence is likely to be introduced by the casinos establishing that harmful results of exposure have not been proven to occur.

While some accuse casinos of blindly seeking money over the health of individuals, certainly the same quest for a dollar can be laid on trial lawyers. And no one can deny that no one is required to choose to work in a casino, on the gaming floor.

The lawsuit says, "Dealers who tell customers that second-hand smoke bothers them will likely be subject to discipline."

But likelihood is not a base for suing. If greedy lawyers and anti-smoking fascists want to impose lifestyle choices on individuals and control the clientele of private businesses, perhaps they won't mind a lawsuit against them for causing irritation to common sense.