A New Jersey appellate court this week declined to rule directly on the issue — which has been the focus of a years-long debate both in the courts and the state Legislature. Ordering further hearings, the appellate judges 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.”
But while they kicked the can back to a lower court to develop a fuller record on the competing interests at play, attorneys for the workers say they will immediately request that the Supreme Court step into the fray.
“We are asking the Supreme Court to hear the case now, rather than years from now after a trial and another appeal,” said Nancy Erika Smith, who represents casino workers seeking to extend the statewide ban on smoking in public places.
