Smoke shop ban clears final legal hurdle in Fresno. What leaders say happens next

Fresno has officially cleared a legal challenge to its smoke shop ban, as inspectors continue to find violations at the highly visible (and highly saturated) stores.

In September, a federal judge denied a preliminary injunction that would have blocked implementation of the so-called Smoke Shop Ordinance. The move, seen as a win by officials, allowed the city to continue its plans to regulate what could be hundreds of smoke shops and wrangle them down to just 49 (seven per council district).

The suit was filed by a group of 28 business owners operating as the California Association of Smoke Shops. They claimed, among other things, that the ordinance violated provisions of the U.S. and California constitutions. That lawsuit has now been dismissed, “by the folks who filed it,” City Councilmember Miguel Arias said during a news conference Wednesday.

Exact details of the lawsuit’s dismissal weren’t made clear at the news conference, which was attended by Arias, council member Nelson Esparza and Fresno City Attorney Andrew Janz. All reiterated the continued public safety risks posed by smoke shops, including those that have already been inspected and/or cited for violations and some that were being represented in the lawsuit.

Since enforcement began, 26 businesses have closed already.

California Smoke Shop Association

For its part, the California Association of Smoke Shops disagrees with the characterization of its members, or “that every smoke shop was out of compliance,” as the city argued in court.

While the agreement it reached with the city dismisses current litigation (with each side paying its own attorneys’ fees and costs), it preserves the ability to re-file suit.

“In doing so, the CSSA made the responsible move to conserve its own and the city’s resources,” the association said in a statement to The Bee. The association “looks forward to supporting its individual members in future cases for compensation should their businesses be lost to the city’s ordinance.”

Can Fresno actually close smoke shops?

More than two dozen smoke shops have closed since the city passed the ordinance in May, Arias said Wednesday. In the past, the city said more than a dozen smoke shops had shut down since it began enhanced enforcement in 2023.

These were all voluntary closures, Arias said, from stores that had been inspected and cited and had product confiscated. Other smoke shops may have closed or changed their business models, but the city does not yet have the authority to shut down a business under the ordinance.

That will come at the end of an 18-month grace period the city granted existing businesses to give time to sell off product and come into compliance with the new regulations.

That grace period will end in December of next year, Arias said.

At that point, only the 49 licensed smoke shops will be allowed to operate in the city, under a conditional use permit, with neighborhood notifications and final authorization from the city council. That process is currently underway, though only 10 applications have been received by the city, and several of those came from a single business owner and a CPA, Arias said.

A full list of applicants will be made available to the public, Arias said, though it is not yet clear when or how that will happen.

More business as usual?

Meanwhile, some smoke shops are continuing with business as usual.

At the news conference, officials displayed photos of illegal products (flavored tobacco and cannabis) confiscated during inspections in late November.

At one of the inspections, Janz said, a 16-year-old was found operating the store, by himself, in the middle of the day. “That kid,” Janz said, “should have been in school.”

Fresno smoke shops that have closed

In a news release sent Wednesday afternoon, the city said it had done over 234 inspections, or reinspections, at smoke shops.

Businesses that have closed, according to the city:

Smoke Tobacco Shop at 108 S. Chestnut Ave.

Fresno 2 Smoke Shop at 7091 N. Blackstone Ave. #103

Superior Smoke Shop #2 at 2721 N. Blackstone Ave.

Shakalala Smoke Shop at 505 N. Van Ness Ave.

Shakalala Smoke Shop #2 at 1505 E. Shields Ave.

Habibi Smoke Shop at 1288 N. Fresno St.

Cuzz Smoke Shop at 216 E. Olive Ave.

Chinatown Smoke Shop at 951 F St.

Funky Town Smoke Shop at 3105 E. Belmont Ave.

The Smokers Club at 2427 E. Shields Ave.

One Stop Smoke Shop at3225 W. Shaw Ave. #10)

Panda Smoke Shop at 2748 W. Shaw Ave.

Zaza Smoke Shop at 3742 W. Shields Ave

AOA Private Golf Club Dispensary at 1817 N. Helm Ave. #102

Yemen Smoke Shop at 3044 E. Belmont Ave.

The Stuffed Pipe at 7273 N. Blackstone Ave. #102

D’s Smoke House at 1254 W. Clinton Ave.

No Town Smoke Shop at 3051 E. Belmont Ave.

Smoke Zone #5 at 4780 E. Cesar Chavez Blvd.

420 Smoke Shop at 3724 E. Olive Ave.

Full Moon Smoke Shop at 4676 N. Blackstone Ave.

Cloud 9 at 4833 E. McKinley Ave.

TGI Vape at 711 W. Shaw Ave.

Sahara Smoke Shop at 50 W. Bullard Ave. #110

Blackout Smoke Shop at 379 E. Shaw Ave.

Smoke Shop at 618 N. First St.

This story was originally published December 3, 2025 at 3:34 PM.