Casino Smoking Battle Continues in New Jersey

Attorneys for casino workers plan to appeal to the state's Supreme Court after a recent appellate court ruling.

Feb. 1, 2026 at 9:31pm

A New Jersey appellate court recently declined to rule directly on whether Atlantic City casino workers have a constitutional right to be protected from secondhand smoke, instead ordering further hearings on the competing interests at play. Attorneys for the casino workers say they will immediately request that the state's Supreme Court take up the case, rather than waiting years for a trial and another appeal.

Why it matters

This case highlights the ongoing debate over workers' rights to a safe and healthy workplace, particularly in the casino industry where smoking has long been allowed. The outcome could set an important precedent for employee protections against secondhand smoke exposure.

The details

The appellate court noted that the state Supreme Court had 'yet to hold that right to pursue and obtain health and safety is a fundamental stand-alone right.' Attorneys for the casino workers say they will ask the Supreme Court to hear the case now, rather than waiting years for a trial and another appeal in the lower courts.

  • The New Jersey appellate court ruling was issued this week.

The players

Nancy Erika Smith

An attorney representing casino workers seeking to extend the statewide ban on smoking in public places.

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What they’re saying

“We are asking the Supreme Court to hear the case now, rather than years from now after a trial and another appeal.”

— Nancy Erika Smith, Attorney for casino workers (practicesource.com)

What’s next

Attorneys for the casino workers plan to immediately request that the New Jersey Supreme Court take up the case, rather than waiting for further proceedings in the lower courts.

The takeaway

This case highlights the ongoing tensions between worker protections and industry interests, with the potential to set an important precedent for employee rights regarding secondhand smoke exposure in the workplace.