Cafe Serving Kava and Kratom Sues NYC Over Shutdown

In a recent legal battle, Tobly McSmith, the owner of Here & Now cafe in New York City, has filed a lawsuit against the city for shutting down his establishment.

The cafe, which opened in December 2022, specializes in serving teas made from kava and kratom, substances known for their relaxing properties. McSmith, who invested his life savings into the cafe, aimed to create a community space for recovering addicts to socialize without alcohol.

The NYC Health Department refused to renew the cafe’s permit in April 2023, citing health code violations and labeling the teas as “dangerous adulterants.” Despite multiple rulings from the Office of Administrative Trials and Hearings (OATH) in favor of the cafe, the city persisted in its stance, leading to the lawsuit.

“It felt like a mission to be able to show people there’s a way to have a life and friends outside of alcohol. . . . The Health Department, without any rhyme or reason, is just taking that away from us,” McSmith told the New York Post.

McSmith’s lawyer argues that kava and kratom are widely available in New York, including in major stores like Whole Foods, and questions the city’s focus on shutting down small businesses like Here & Now. The legal battle has taken a toll on McSmith, both financially and emotionally, as he continues to fight for his business and the community it serves.