Abbas Abdiannia of the Ahwaz Hookah House and Abdolhamid Mohammadian of the Persian Tea House have filed suit, saying the local law violates their rights under the Charter, which is Canada’s Bill of Rights.
In 2007, the province passed a law that banned the smoking of tobacco in public places. Both tea house owners then switched to a mixture of herbs, fruit and molasses without nicotine or tar, in order to comply.
The shop owners’ lawyer, Dean Davison, told the Vancouver Sun the essence of the provincial law was to eliminate dangerous second-hand smoke.
City officials, however, passed an ordinance that banned the smoking of “any substance” in public places. In 2009, the city fined against both businesses.
Hookahs provide popular social and cultural hubs for many Muslims, who gather around the communal water pipe for discussion and reflection, Abdiannia said, adding that hookah is an important part of Muslim hospitality enjoyed by all family members.
Mohammadian said he doesn’t think the law is fair. “Everybody should be able to come and enjoy our culture,” he said, explaining that his shop is a popular destination for people from many cultures.
But in many parts of North American hookahs have been growing in popularity far beyond the Middle Eastern ethnic communities. Many cities are debating how to deal with such shops.
Abdiannia and Mohammadian, who have operated their shops since 2005 and 1999, respectively, are scheduled to go to court late in November.
They say their charter rights to cultural freedom have been infringed by the Vancouver ordinance, which they hope to have struck down along with the fines.
Both businessmen said they have no problem respecting the province’s law, which prohibits smoking tobacco in public places. It’s the city’s attack on their herbal products that frustrates them.