A request to pause the enforcement of the City of Ottawa's hookah ban while a lawsuit is before the courts was denied Tuesday morning.

A group of business owners filed a lawsuit against the city in April, the same month the city started enforcing its new ban against smoking waterpipes in public places.

The businesses are arguing the bylaw violates the Charter of Rights and Freedoms because it is discriminatory against Arab and Middle Eastern people, who consider smoking waterpipes an important part of their culture.

Lawyer Lawrence Greenspon, who is representing the businesses, said Tuesday the owner of a Lebanese restaurant included in the lawsuit has lost tens of thousands of dollars worth of business because people can't smoke there anymore.

While that broader question is debated, the owners wanted to pause enforcement of the ban.

On Tuesday Justice Pierre Roger denied at the Ottawa courthouse, saying for now the public health interests outweighs the interests of the businesses.

The legal debate over whether to end the hookah ban for good is scheduled to resume in February.