Judge dismisses lawsuit against Fresno, dozens of smoke shops facing risk of closure

FRESNO, Calif. (KFSN) -- For about two years now, the city of Fresno has been working to limit the number of smoke shops per district.

On Wednesday morning, the city announced a win in their effort, saying the federal court dismissed a lawsuit filed by the California Smoke Shops Association.

Local leaders say the goal is a safer community.

"Our residents deserve to live in a community that prioritizes their well-being, and that begins with keeping harmful products and irresponsible operators out of reach," said Councilmember Nelson Esparza.

In June, a new ordinance went into effect in the City of Fresno, reducing the number of smoke shops to seven per district.

The California Smoke Shops Association filed a lawsuit arguing that the ordinance violates its members' right to equal protection under federal and state laws.

On Wednesday morning at City Hall, local leaders announced that a judge dismissed the lawsuit, calling it a major win for the community.

"This decision is confirmation that we are on the right side of this issue. For too long, smoke shops have proliferated throughout Fresno and reached havoc in our neighborhoods," said Esparza.

In the last year, the city inspected dozens of smoke shops, where authorities said they found tens of thousands of dollars worth of illegal products.

"Cannabis, narcotics, illegal gambling operations and even weapons in some cases," said Esparza.

So far, 26 smoke shops have closed, and several continue failing inspections, leading to heavy fines.

Miguel Arias says the ordinance is holding shops accountable.

"In one of the recent inspections, we actually found a smoke shop being operated by a 16-year-old," said Councilmember Miguel Arias.

He reminds those who want to continue operating a smoke shop to register with the city and be sure to follow the regulations carefully.

"The window is open for you to apply for a conditional use permit, but the likelihood of you receiving it if you continue to violate state law, city ordinance and continue to employ these tactics that endanger the safety of the city, you will not get your license," said Arias.

Arias says that under the new ordinance, all smoke shops without an approved CUP will face closure by December of 2026.

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