Sun Sentinel Palm Beach Edition

Ban on kava bar is headed to court

- By Anne Geggis Staff writer

Kava, an herbal brew with sedative properties, is now roiling the city of Lighthouse Point.

The city rejected a Boca Raton man’s proposal to open a kava bar in June, saying it violated the city’s ban on designer drugs. Now, Jeffrey Bowman has kicked off a legal fight, asking the court to overrule the city and let him open the kava bar.

His complaint, filed in Broward County Circuit Court this month, says the city’s opposition to the business was wrongly based on an “unfocused discomfort with the use of kava.”

Some kava experts were surprised the city rebuffed the business in the first place. There are many kava

bars across the country that serve the popular herb from the South Pacific. Lighthouse Point may be the first city to deny a business permit over concerns about the tea-like beverage, they said.

“It’s a natural plant that is available to everyone, and it’s approved by the [Food and Drug Administra­tion] to be sold to the American public,” said Dr. Ray Sahelian, a California physician who has researched kava.

Lighthouse Point Mayor Glenn Troast and City Manager John Lavisky declined to comment, citing the pending litigation.

Kava, with its opioid-like effects, has been scrutinize­d by the Drug Enforcemen­t Administra­tion. The federal agency planned to put it in the same classifica­tion as heroin and peyote, a class that indicates a high potential for abuse. But the agency halted its effort late last year.

Bowman also wants to offer kratom, an extract from a Southeast Asia tree, which is banned in six states and Sarasota County in Florida. Kratom is available in a dozen establishm­ents elsewhere across Florida.

Bowman, who already runs a Boca Raton kava bar, The Nak, said there shouldn’t be any controvers­y over kava, which is commonly served lukewarm.

“This whole thing has gone too far and makes no sense,” Bowman said, arguing kava bars are a safer and healthier social scene than bars with alcohol. “I’m hopeful that the city of Lighthouse Point will come to their senses.”

Perhaps more effective would be requiring kava bars to put up warning signs, said Sahelian, who is unaffiliat­ed with Bowman.

“They should have warnings ... not to drive after drinking two or three cups of it or operate heavy machinery,” Sahelian said. “Drinking kava can cause in the short term a decrease in clarity of thinking, balance and coordinati­on depending on how strong the brew.”

Lighthouse Point in 2014 enacted a rule against “designer drugs” when widespread public concern emerged about other products, genericall­y known as spice and bath salts.

Such substances began showing up on convenienc­e store shelves a few years ago and mimicked the effects of illegal drugs. But they were not illegal because chemists had slightly altered the active ingredient­s. Cities across South Florida enacted ordinances to clarify the legal gray area, banning any drugs that mimicked the effects of the illegal substances.

Bowman’s suit says kava is not a designer drug and that even if it were, it would not be a reason to deny a permit because his business applicatio­n to the city met all the requiremen­ts.

“Nothing in the code says a building permit may be denied because of a suspicion, or even evidence, that a designer drug might eventually be sold on the premises,” the suit says.

 ?? CARLINE JEAN/STAFF FILE PHOTO ?? Kava, with its opioid-like effects, has been scrutinize­d by the Drug Enforcemen­t Administra­tion. But the agency halted its effort late last year.
CARLINE JEAN/STAFF FILE PHOTO Kava, with its opioid-like effects, has been scrutinize­d by the Drug Enforcemen­t Administra­tion. But the agency halted its effort late last year.

Newspapers in English

Newspapers from United States