A union representing casino workers is filing a lawsuit against the state to put an end to smoking on casino floors, arguing workers are being denied their right to equal protection because of an unconstitutional loophole in the state's Smokefree Air Act.

The suit names Governor Murphy and the state health commissioner claiming they failed to protect the safety of casino workers.

The lawsuit comes as legislation to ban smoking in casinos has stalled in Trenton.

Senior correspondent Brenda Flanagan reports.

We're not going to have you all fired up.

Dealer servers and housekeeper sick of inhaling secondhand smoke at Atlantic City's nine casinos and tired of waiting for lawmakers to act.

Rallied at a Trenton courthouse where they filed a lawsuit today seeking injunctive relief.

They want a judge to strike down the special exemption in Jersey's Smokefree Air Act, which makes casino workers almost the only employees forced to work around toxic smoke.

Well, you basically stand in an area with everybody smoking around you and your heads lower than them.

So every breath they exhale, you take in.

Holly is a craps dealer and multiple cancer survivor.

She says it's not fair.

I took a job with the expectations that the state would keep me safe.

The UAW represents 3000 Atlantic City casino workers filing the suit along with the group seat Casino Employees against Smoking's Effects.

They warned politicians the gaming industry injects another casino unions in New Jersey and across the nation.

If the legislatures in these states will not stand up for the health and safety of workers, then we're just going to come after them legally.

Come out into the light of day and tell us why we're worthless.

Because if I can't smoke in your office, you shouldn't be allowed to smoke right away.

The lawsuit names Governor Murphy and Jersey's health commissioner.

It argues exempting casino workers from the Smokefree Air Act violates their constitutional right to safety, illegally, grants casinos, exclusive privileges and immunities, and violates workers rights to equal protection.

These workers have been denied the right to safety that all other workers in New Jersey have.

It's unconstitutional.

So we're taking the fight from the backroom to the courtroom.

The union hopes this lawsuit will light a fire under Jersey officials.

It earned them the support today of U.S. Senate candidate Andy Kim.

You take it in your own hands.

You're taking the right here to the courts and say you have to protect us.

It is our constitutional right to be protected.

And I'll be honest with you, I've had a little bit of experience lately with lawsuits and taking legal action.

And we won.

Not all casino worker unions agree with the UAW.

Unite here.

Local 54 opposes a smoking ban.

They're afraid that that kind of restriction would drive Atlantic City gamblers to go elsewhere.

Efforts to pass the casino smoking ban have languished in the legislature, facing opposition from powerful gaming and business lobbyists.

They argue a total ban could choke revenues and lead to massive layoffs.

A compromise measure still permits limited smoking areas with 15 foot buffers and enclosed rooms where workers could opt out.

It sponsor reasoned.

This is about business preservation, job preservation and moving incrementally to work work environment that is going to be better.

But the UAW cites studies showing more gamblers prefer smokeless casinos once thriving in Pennsylvania.

And they urged Local 54.

To the membership of that union.

Stand up and tell your leadership enough is enough.

Local 54 didn't reply to requests for comment.

Senator Joe Vitale, who sponsored the total casino smoking ban, stated We allowed corporations to poison their employees for nearly two decades.

It's a shameful legacy for our legislature.

But I'm grateful to everyone involved in today's landmark lawsuit.

I pray the judge will see the merits of this case.

The judge will set a hearing date in Trenton.

I'm Brenda Flanagan, NJ.

Spotlight News.