Atlantic City Casinos to Get Second Chance at Repealing Smoking Exemption Under State Law
A New Jersey state appeals court has ordered a lower court to restart its review of a case that challenges the exemption allowing indoor smoking in Atlantic City casinos. The decision came after the court found procedural deficiencies in the original trial, which had dismissed a complaint from casino workers and an antismoking advocacy group.
The 2006 Smoke-Free Air Act banned indoor smoking statewide but allowed it to continue inside casinos and their simulcasting facilities. However, the exemption has been a contentious issue for years, with the United Auto Workers union pushing to end it. The union alleged that the law unconstitutionally singled out casino workers to face the harms of secondhand smoke, violating their rights to safety and equal protection.
A lower court judge had dismissed the complaint in August 2024, but the appeals court found that the trial judge erred by using an incorrect test for weighing the constitutionality of the smoking exemption. The judge also improperly deferred to a casino-funded report that found banning indoor smoking would significantly reduce gambling houses' revenue, without considering alternative studies.
The lower court had relied on the casinos' study and failed to develop a fuller record of evidence before making its decision. The appeals court now has the opportunity to allow the record to be developed and litigated further before reaching an ultimate disposition on the case.
The implications of this ruling are significant, with thousands of casino employees potentially affected by the outcome. The workers had argued that the law was special legislation that did not apply to others in similar situations, but the appeals court declined to address this issue, leaving it for a higher authority – namely, the New Jersey Supreme Court.
A New Jersey state appeals court has ordered a lower court to restart its review of a case that challenges the exemption allowing indoor smoking in Atlantic City casinos. The decision came after the court found procedural deficiencies in the original trial, which had dismissed a complaint from casino workers and an antismoking advocacy group.
The 2006 Smoke-Free Air Act banned indoor smoking statewide but allowed it to continue inside casinos and their simulcasting facilities. However, the exemption has been a contentious issue for years, with the United Auto Workers union pushing to end it. The union alleged that the law unconstitutionally singled out casino workers to face the harms of secondhand smoke, violating their rights to safety and equal protection.
A lower court judge had dismissed the complaint in August 2024, but the appeals court found that the trial judge erred by using an incorrect test for weighing the constitutionality of the smoking exemption. The judge also improperly deferred to a casino-funded report that found banning indoor smoking would significantly reduce gambling houses' revenue, without considering alternative studies.
The lower court had relied on the casinos' study and failed to develop a fuller record of evidence before making its decision. The appeals court now has the opportunity to allow the record to be developed and litigated further before reaching an ultimate disposition on the case.
The implications of this ruling are significant, with thousands of casino employees potentially affected by the outcome. The workers had argued that the law was special legislation that did not apply to others in similar situations, but the appeals court declined to address this issue, leaving it for a higher authority – namely, the New Jersey Supreme Court.
just got the news that nj state appeals court ordered lower court to restart review of case challenging smoking exemption in atlantic city casinos!!! 
so basically, ppl who work at casinos (mostly female & minority workers btw) were fighting against this law since 2006 & now they're getting a second chance to prove it was unfair 
the appeals court said lower court made some mistakes in original trial like not considering alternative studies & relying on casino-funded report that's just gonna make them richer 
can't wait to see what happens next!!! 
. And what about the kids? Are they being protected by these laws, or are we just creating a whole new generation of smokers?
. I don't have the answers, but I do know one thing... this ruling is just a reminder that there are still some fundamental questions about our values as a society that need to be answered 
.
now they can gather all the facts & make a fair decision. I'm rootin4 those workers 
& hopin we get a ruling soon so they can finally b safe at work 
Just heard about this awesome news! Atlantic City casinos are finally getting a second chance at repealing their smoking exemption under state law 
Can you imagine walking into those casinos without all that secondhand smoke? It's about time workers get some protection too 
The United Auto Workers union has been fighting for this for years, and it's amazing to see the appeals court finally stepping in 
Let's hope they can bring more positivity and health to these workplaces 
. The UAW union is fighting for them and it's about time someone stood up for those workers 
so i'm just catching up on this and i feel bad for those casino workers. like i get that smoking is a thing but shouldn't they be treated equally? all this back & forth over a law that's been in place since 2006 is crazy. what's the point of having an appeals court if it's just gonna send it to the NJ Supreme Court again? 
. But seriously, it's good that the appeals court is giving it another shot since there were some procedural issues in the original trial. The fact that thousands of casino employees might be affected by this ruling kinda makes you wonder if they're really fighting for the right reason... or if it's just about protecting their jobs 
.