Enforcement of Fresno's Smoke Shop ordinance is temporarily upheld by judge's decision
In the city of Fresno, California, the controversial ordinance limiting the number of smoke shops is being enforced, despite ongoing legal challenges. The California Smoke Shops Association, representing 28 local owners, filed a lawsuit against the ordinance, and the trial is scheduled for January 2027.
The ordinance, passed in April, was a response to raids at dozens of Fresno smoke shops, where authorities found tens of thousands of dollars worth of illegal products. The ordinance states that there can be a maximum of seven smoke shops in each of the seven districts, totaling 49 businesses throughout the city. This means that more than 120 existing smoke shops, nearly 60 percent of them, need to close.
Fresno's Police Chief, Mindy Casto, supports the ordinance, stating that it helps reduce crime associated with smoke shops. According to Chief Casto, smoke shops have been a source of crime, attracting activities ranging from murders to loitering.
The temporary ruling, handed down last Thursday, allows the city of Fresno to enforce the ordinance. The association argues that the ordinance violates its members' right to equal protection under federal and state laws, but no new information about irreparable harm or equal protection under federal and state laws was mentioned in the current paragraph.
Additionally, the association claims parts of the ordinance are unconstitutionally vague. Licensed smoke shops can operate for 18 months as long as they are up-to-date with the new city rules. However, no organization representing the 28 smoke shop owners in Fresno or mention of their lawsuit against the ordinance limiting the number of smoke shops was found in the available search results.
As the trial date for the lawsuit approaches in January 2027, the city of Fresno continues to enforce the smoke shop ordinance, aiming to reduce crime and improve the city's overall safety.
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