Fresno smoke shops lose lawsuit: enforcement delayed, but not dead

FRESNO, Calif. (KSEE/KGPE) – A lawsuit against the city put Fresno’s new smoke shop ordinance on hold, but according to a Tuesday ruling, enforcement is delayed, not dead.

The ruling follows a May 19 lawsuit where the California Smoke Shops Association filed a motion for a temporary restraining order against the city, accusing the council of violating city rules by passing the contested ordinance and rewriting “meeting minutes.”

“In a stunning display of abuse of its own written procedures, the Fresno City Council… passed an ordinance expressly directed at shuttering the doors of dozens of existing, properly licensed small business owners by retroactively changing the entitlement rules,” a complaint by the association reads.

Despite pushback, a federal judge ruled Tuesday against the smoke shops represented by the association, finding that “the plaintiffs could not demonstrate immediacy or irrefutable harm.”

This is not the first time the ordinance faced controversy.

In March, the smoke shop ordinance failed to receive a majority vote in either direction. In April, the Smoke Shop Text Amendment was introduced – it received a majority vote, but it wasn’t until May 6 that it received final approval.

At the time, Councilmember Esparza described the passing of the ordinance as a “long-overdue step toward restoring accountability and safety” in Fresno’s neighborhoods.

While the ordinance was initially set to take effect on June 5, the lawsuit only temporarily slowed down its implementation. Beginning July, the ordinance will go into effect.

Existing businesses will be given an 18-month amortization period to come into compliance with the new rules.