Just weeks after passing the first ordinance in city history to regulate smoke shops, a trade group representing smoke shops is taking Fresno to court.
The California Smoke Shops Association filed a lawsuit against the City of Fresno earlier this week in federal court to block the ordinance.
The backstory: Last month the Fresno City Council voted 4-1-1 to pass the smoke shop ordinance, which allows seven smoke shops per council district, totaling 49 across the city.
- Smoke shops are required to apply for a conditional use permit from the city in order to operate in the future.
- With around 90 smoke shops currently registered with the city, over 33 of them will be shut down permanently under the new ordinance.
- The new regulations also bar smoke shops from being within 1,000 feet of sensitive areas, such as schools and day cares.
The big picture: The California Smoke Shops Association argued in its lawsuit that the Fresno City Council is impermissibly targeting smoke shops while not addressing other tobacco retailers, such as grocery stores, convenience stores, gas stations, liquor stores and cannabis dispensaries.
- The lawsuit also argues that the ordinance is unnecessary because smoke shops are currently subject to federal, state and local laws that already impose requirements, such as licenses, on smoke shops.
- Per the lawsuit, the trade group argues that the city simply needs to enforce existing laws instead of targeting licensed smoke shops.
- The lawsuit states that at least 33 smoke shops will be required to permanently close because of the ordinance.
What they’re saying: “The ordinance is ill-supported, ill-conceived and ill-intended,” said California Smoke Shops Association attorney Todd Wynkoop in a statement. “The Association is confident the Federal Court will recognize the City’s failures when the Court reviews the ordinance and the City Council’s improper actions and will invalidate the ordinance.”
- Fresno City Attorney Andrew Janz said the city is fully prepared to fight the lawsuit in court.
- “The City Council has broad authority to enact legislation to protect our neighborhoods and residents,” Janz said in a statement. “This lawsuit will not deter the City Attorney’s Office from continuing our coordinated efforts with the Attorney General to crackdown on illegally operating smokeshops who sell drugs to kids.”
