- A decades-long effort to get smoking banned on casino floors is getting another chance.

This week, a state appeals panel ordered a lower court to rehear a challenge to the casino exemption in New Jersey's indoor smoking ban, ruling the case was never given a fair hearing.

It all centers on the 2006 Smoke-Free Air Act, which banned indoor smoking statewide, but carved out an exemption for casinos, allowing patrons to light up on 25% of the floor.

Workers backed by the United Auto Workers and an anti-smoking group have argued for years that loophole violated their constitutional rights by exposing them to secondhand smoke, causing illness, cancer and even death among their ranks.

A trial judge tossed the case in 2024, ruling that workers fearing for their safety could find other jobs and that a ban could hurt the gaming industry.

But the appeals court sharply disagreed, saying the judge used the wrong legal standard, relied too heavily on casino-funded studies and failed to consider competing evidence showing smoke-free casinos can remain profitable.

Legislative efforts to close that smoking loophole have failed to break through, despite strong backing from lawmakers, as officials in the resort town say a ban on smoking could harm casino profits.

The case now goes back for a full rehearing at the trial court level.

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