Atlantic City Casino Smoking Case Appealed to NJ Supreme Court
Atlantic City, NJ – In a case that could have far-reaching implications for the gaming industry, a long-running legal battle over smoking in Atlantic City casinos has been appealed to the New Jersey Supreme Court.
The case, which pits the owners of the Borgata Hotel Casino & Spa against a group of non-smoking patrons, dates back to 2006 when the plaintiffs filed a lawsuit alleging that they were exposed to secondhand smoke while visiting the casino.
The lawsuit claimed that the Borgata’s smoking policy violated the New Jersey Smoke-Free Air Act, which prohibits smoking in indoor public places and workplaces. The plaintiffs argued that the casino’s designated smoking areas were not adequately sealed off from non-smoking areas, resulting in them being exposed to harmful levels of secondhand smoke.
After years of legal battles, the case was eventually dismissed by a lower court in 2014, which ruled in favor of the Borgata. However, the plaintiffs appealed the decision, and the case has since made its way to the New Jersey Supreme Court.
In their appeal to the Supreme Court, the plaintiffs argued that the lower court’s decision was flawed and that the Borgata’s smoking policy violates both state law and the New Jersey Constitution. They also pointed to studies showing the harmful effects of secondhand smoke and argued that casinos should not be exempt from the Smoke-Free Air Act.
On the other hand, the Borgata has maintained that it is in compliance with state law and that its smoking policy is necessary to attract and retain customers. The casino has argued that allowing smoking is a crucial aspect of the gaming experience and that enforcing a strict smoking ban would hurt their bottom line.
The case has divided opinion in the gaming industry, with some supporting the plaintiffs’ push for a smoking ban in casinos, while others argue that it would hurt the industry’s already struggling bottom line. The outcome of the case could have significant implications for other casinos in Atlantic City and beyond, as well as for the broader debate over smoking in public spaces.
The New Jersey Supreme Court has not yet indicated when it will hear the appeal, but the case is sure to attract significant attention from both the gaming industry and public health advocates. Stay tuned for updates on this developing story.
