A Charter challenge against the City of Ottawa's hookah ban has been withdrawn.
In a memo, City Solicitor Rick O'Connor says the The Lebanese Palace Inc., owner Brian Mahmoud, and patron Fadi Itaif have withdrawn their application, which was to go before Ontario Superior Court next month.
The business had alleged the City's ban on hookahs and water pipes violated Section 15 of the Charter of Rights and Freedoms. The section guarantees against discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability.
O'Connor says, in response, the City is withdrawing its sole by-law charge against the Lebanese Palace, which was issued last June. O’Connor says the business has been complying with the by-law since last summer.
Further, O’Connor confirms the City has received $15,761.69 owed in legal fees from the same plaintiffs, after their previous attempt to obtain an emergency injunction to block the by-law was dismissed by the court.
Since enforcement began in April 2017, O'Connor says 54 charges have been laid against several individuals and eight establishments.
