Two Vancouver hookah shop owners have lost their fight to allow customers to smoke water pipes in their establishments following a B.C. provincial court ruling.

The ruling, issued Monday, upholds the City of Vancouver’s bylaw prohibiting smoking in business premises and common areas. Justice William F.W. Yee also found two Vancouver hookah café owners, Abdolabbas Abdiannia of Ahwaz Hookah House and Abdolhamid Mohammadian of the Persian Tea House, guilty of breaching the bylaw by allowing patrons to smoke hookah pipes.

Council passed the bylaw in October 2007, initially including an exemption for hookah and cigar lounges, but removed the exemption nine months later. Shortly after, the two men were warned by the city to cease operation as hookah lounges or face prosecution.

Provincial tobacco control legislation stipulates that hookah bars could still operate as long as they don’t use tobacco or tobacco blends, so both businesses switched to tobacco-free herbal shisha, a mixture of various herbs and molasses, in an effort to comply with the law.

The case centred on to what degree hookahs and the second-hand smoke they produce constitute a threat to public health.

Lawyer Dean Davison, who represented the business owners, argued that the city did not provide evidence of harm from smoking herbal shisha or the second-hand smoke it produces. He also argued that because the herbal product in the pipe is never lit or burning, it doesn’t constitute smoking.

The ban on hookah smoking also infringes on religious and cultural rights, as the practice is closely linked to some Muslim activities and is particularly prevalent after Friday prayers, the defence argued.

The city argued that hookah smoking poses a significant health risk, and Yee agreed, giving particular weight to the testimony of two doctors who outlined the health concerns for both consumers and those who inhale second-hand smoke.

“These health risks include respiratory problems and acute cardiovascular events such as heart attacks, as well as cancer,” Yee wrote, noting that Dr. Milan Khara of the Vancouver Coastal Health Authority’s tobacco control program described the smoke produced by a hookah as a “toxicant soup.”

Yee also rejected the cultural argument, noting that hookah smoking is only indirectly linked to the Muslim religion and individuals are still free to do so in their homes.

Davison called the decision well-reasoned, but said his clients are disappointed and plans to meet with them later this week to discuss next steps.

“They want to comply with the law as it stands and I think that they will seriously think about appealing.”

The men face fines of between $250 and $2,000, but Davison said they would ask the court for a stay in the event of an appeal.

Canadian Cancer Society spokeswoman Megan Klitch said she is “extremely pleased” that the court upheld the City of Vancouver’s bylaw and encouraged other cities to enact similar rules.

“It’s a significant public health victory,” she said.

tcarman@vancouversun.com

Follow me: @TaraJCarman

B.C. municipalities that prohibit hookah smoking:

Anmore

Belcarra

Delta

Duncan

Mission

Nakusp

Pemberton

Port Coquitlam

Salmon Arm

Vancouver

West Vancouver

Source: Canadian Cancer Society