A dispute about what is considered smoking has a Rapid City hookah lounge filing a lawsuit against two city officials.
Ifritz Attorney Steve Wesolick claims the city officials' interpretation of the 2010 smoking ban statute has stopped Ifritz Hookah Lounge from selling alcohol along with hookah products.
The smoking ban states that no person may smoke tobacco or carry any lighted tobacco products in any public place or place of employment.
Wesolick says because shisha is only heated and not actually burning it should not be included in the smoking ban. "We believe the statute is vague, we believe it's unconstitutionally vague and doesn't provide enough notice to folks like my clients on what conduct is prohibited or not, and in the case of the hookah experience it is not using a lighted tobacco product," said Wesolick.
Wesolick says this suit is not meant to recover any money it's just meant to allow Ifritz to sell alcohol as well as shisha.
A pre–trial conference is set for March 25th at 9:00 am for the lawsuit against chief of police Steve Allender and States Attorney Glenn Brenner.