A group of city bar and restaurant owners has launched a legal challenge against Calgary's smoking bylaw, claiming they should be afforded the same exemption granted to casinos.
Filo's Restaurant, acting on behalf of a group of 35 establishments, filed a motion at Court of Queen's Bench Dec. 15, seeking to be granted a one-year exemption because the majority of their revenues are earned through VLTs.
Tim Bardsley, a lawyer representing the group challenging the bylaw, said it's not seeking to quash the legislation, just to qualify for the same one-year exemption granted by city council in October to casinos and bingo halls.
"They believe they're in the same class as casinos and therefore largely have to be treated in the same way," he said yesterday.
The group is seeking a temporary injunction until the matter comes before a judge, likely on Feb. 8, Bardsley said.
Filo's, along with the Bull & Finch Pub on Elbow Dr. and Partners Dining and Cocktail Lounge in Ogden also flouted the bylaw, received warnings from bylaw officers Tuesday after complaints were made.
The city has received 30 complaints about establishments refusing to butt out, said Alvin Murray, the city's bylaw operations manager.
Murray said the city is giving establishments ample opportunity to fall in line.
"We're doing what we do with all bylaws and we're not going to detour from the normal code of practice -- our first phase is education," he said.
Filo's owner Chris Daskas declined to comment, but told the Sun earlier he would defy the ban because he felt it was discriminatory.
Murray said the bylaw identifies casinos under the city's land use bylaw and those zoned as bars or restaurants don't fall in that category and thus don't qualify for the exemption.
City lawyer Brand Inlow said it's too early to say what tack the city will take in fending off the legal challenge.
