Judge dismisses challenge; Fresno moves forward with smoke-shop caps, dozens face closure

FRESNO, Calif. — For about two years, Fresno has been working to curb the number of smoke shops in each district. On Wednesday morning, city officials announced a legal victory: a federal court dismissed a lawsuit brought by the California Smoke Shops Association.

Local leaders say the ordinance is about community safety. “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, Fresno’s new ordinance took effect, limiting smoke shops to seven per district. The California Smoke Shops Association sued, arguing the rule violated its members’ equal protection rights under federal and state law. The judge’s dismissal was hailed at City Hall as a major win. “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,” Esparza said.

Over the past year, city inspections of dozens of smoke shops uncovered tens of thousands of dollars’ worth of illegal products. “Cannabis, narcotics, illegal gambling operations and even weapons in some cases,” Esparza said.

So far, 26 smoke shops have closed. Several others continue to fail inspections and face heavy fines. Councilmember Miguel Arias said the ordinance is holding operators accountable. “In one of the recent inspections, we actually found a smoke shop being operated by a 16-year-old,” Arias said.

Arias urged shop owners who wish to keep operating to register with the city and comply with all regulations. “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,” he warned.

Under the new ordinance, Arias said, any smoke shop without an approved conditional use permit faces closure by December 2026.

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This article was adapted from an original report published on abc30.com. All rights belong to the original publisher.