Court allows enforcement on city hookah ban

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The city can keep enforcing a new hookah ban while waiting for a legal challenge of the bylaw, a court has ruled.

Lebanese Palace and its owner Brian Mahmoud asked the court for an emergency injunction, claiming big financial losses because of the bylaw banning water pipes in establishments.

The court decided Tuesday that the city’s interest in public health outweighed the financial concerns of Lebanese Palace.

The bylaw came into effect last Dec. 1.

Lebanese Palace continues to challenge the constitutionality of the bylaw, arguing it violates the Charter of Rights and Freedoms because smoking shisha is intimately connected to Middle Eastern and Arab culture. It filed an application in March arguing the bylaw is unconstitutional. A hearing is scheduled for February.

jwilling@postmedia.com

twitter.com/JonathanWilling

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