A federal judge has once again denied a request by Fresno-area smoke shops to block the city’s enforcement of a new ordinance that limits the number of such businesses. The California Smoke Shops Association had sought a preliminary injunction against the rule, which took effect in June and restricts the number of smoke shops to seven per city council district, for a total of 49 citywide. The ordinance is expected to result in the closure of at least 33 licensed smoke shops.
The decision was issued last week by Judge Kirk Sherriff in Fresno’s Eastern District federal court. As a result, the city can continue with its enforcement efforts, including using a lottery system to distribute conditional use permits and giving non-permitted smoke shops 18 months to close. Legal proceedings are ongoing.
Fresno City Attorney Andrew Janz commented on the ruling: “This outcome is win for public safety and the City of Fresno. What this means is that the City may continue to implement the smoke shop ordinance as planned. All smoke shops will be treated equally and there will be no special treatment for those who seek to be ‘grandfathered in’ or excluded from the new ordinance. As indicated by the Court, the vast majority of smoke shops inspected had violations including illegal tobacco, firearms, and cannabis.”
