Casino workers ask New Jersey Supreme Court to hear smoking case

Wednesday, February 25, 2026 6:52 PM
Photo:  Americans for Nonsmokers’ Rights (courtesy)/Atlantic City casino workers protest the New Jersey law that exempts casinos from the state's indoor smoking ban, April 5, 2024.
  • Nikita Biryukov, New Jersey Monitor

A coalition of casino workers asked the New Jersey Supreme Court to weigh constitutional questions underpinning their challenge to a legal exemption that allows smoking on Atlantic City casino floors.

The filing from the United Auto Workers union argues that lower courts erred in finding the state’s constitution does not grant a right to safety and that the casinos exemption in the 2006 Smoke-Free Air Act is not unconstitutional special legislation.

“I’m really hoping that they take this seriously and quickly because every single day is dangerous for my clients,” said Nancy Erika Smith, an attorney representing the workers.

The filing also challenges lower courts’ deference to a casino-backed report that claims barring smoking inside gaming houses would cost them revenue.