New Jersey appeals court returns casino smoking challenge to lower court
A New Jersey appeals court sent a challenge to the casino exemption from the state’s indoor smoking ban back to the lower court for further proceedings. The panel upheld the denial of a preliminary injunction but vacated the dismissal and denial of a permanent injunction, finding that the trial court had not properly assessed the equal protection claim and disputed evidence; smoking can continue meanwhile.
The ruling keeps the casino smoking exemption in place for now while requiring the lower court to reconsider the challenge.