[08/05/10 – 10:29] This morning, the Appellate Division ruled that the State’s Smoke-Free Air Act under N.J.S.A. 26:3D-55 et seq. can be used to ban the use of hookahs in public businesses, even when the device is used to smoke substances that are tobacco-free. In the case, captioned State v. Badr, a local municipality sought to enforce the statute against the owner of a coffee shop where the customers partook of hookah smoke made up of crushed fruit and incense. Following a finding of guilt in both the municipal court and the Law Division, the defendant appealed, primarily based upon constitutional issues. The Appellate Division held that the statute is constitutional and prohibits the smoking of any matter that can be smoked in a hookah.

Download a copy of State v. Badr.

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