Smoking on training wheels? Put that in your hookah and smoke it judge!

Vancouver hookah ships challenge bylaw banning public burning

By Evan Duggan, Post Media News
August 30, 2011
Abbas Abdiannia (L), owner of Ahwaz Hookah House and Abdolhamid Mohammadian are fighting city a no-smoking bylaw, in Vancouver on Thursday, August 11. (Photograph by: Glenn Baglo, PNG)

VANCOUVER — Two hookah shop owners are going to court to fight a Vancouver city bylaw they say will put them out of business.

Owners of the Ahwaz Hookah House and Persia's Smoke Shop are filing a charter challenge against a bylaw which prohibits the burning of any substance in public places, according to their lawyer.

In 2007, the province passed a law which banned the smoking of tobacco in public places, said the plaintiff's lawyer, Dean Davison, in a news release.

The owners, both immigrants from Iran, switched from tobacco to a mixture of herbs, fruit and molasses, in order to comply with the new rules.

City officials weren't satisfied, and passed a bylaw, also in 2007, which banned the smoking of "any substance" in public places, Davison said.

In 2009, the city issued fines against both businesses, Davison said in an email.

"We are fighting those fines." he said. "If the bylaw is not changed, they are out of business."

Hookahs, according to Davison, are popular social and cultural hubs for many Muslims, who gather around the communal water pipe for discussion, and reflection. It becomes increasingly important during the holy month of Ramadan, when many Muslims come together at hookahs following post-sunset feasts, after days spent fasting.

The owners, which have operated their shops since 2005 and 1999 respectively, are scheduled to go to court late in the fall. They say their charter rights to cultural freedom have been infringed by the bylaw.

Davison said he hopes Vancouver's mayor and council will acknowledge the importance of his clients' cultural traditions before the legal battle ensues.

Vancouver Sun
eduggan@vancouversun.com