App. Div. Affirms Local Government Power to Enact Stricter Public Smoking Regulations

November 16, 2017 - In a published opinion, the Appellate Division affirmed the dismissal of a challenge to a local smoking ordinance that is stricter than the New Jersey Smoke Free Air Act.  The plaintiffs tried to strike down the ordinance by arguing that the Smoke Free Air Act prohibits municipalities from enacting greater restrictions than the State law.  Had the plaintiffs prevailed, local public smoking ordinances more restrictive than the State law likely would have come under attack.  The Appellate Division’s published opinion puts this question to rest and allows local governments to enact stricter public smoking regulations as they deem best for their community.

O’Toole Scrivo represented the prevailing municipality, and Andrew Gimigliano argued the cause at the Appellate Division.

 

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