Judge ordered to rehear case challenging smoking in casinos

The ruling says a lower court misapplied a legal test and improperly deferred to an industry study that said a ban would cut casino revenue.

By: Nikita Biryukov

Outlets: New Jersey Monitor

Published: January 26, 2026

Words: 725

Last Updated: 3 weeks, 6 days ago

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A state appeals court ordered a lower court Monday to restart proceedings over whether a casino exemption in New Jersey’s indoor smoking ban violates the state’s constitution, finding procedural deficiencies had denied the case a fair hearing.

The decision is the latest in a yearslong fight over the 2006 Smoke-Free Air Act, which banned indoor smoking statewide but allowed it to continue inside casinos and their simulcasting facilities. Casino floor workers represented …

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