Photo via City of Fresno. Cannabis was located at 53 out of 67 smoke shops between 2023-2024, according to city leaders.

Fresno-area smoke shops have struck out in federal court once again, this time denied a preliminary injunction over the city’s enforcement of an ordinance that went into effect in June.

The California Smoke Shops Association is challenging the ordinance, which would require conditional use permits for only 49 smoke shops in Fresno—seven per city council district. The ordinance is expected to close at least 33 or more licensed smoke shops.

Last week, Eastern District Court Judge Kirk Sherriff in Fresno’s federal court denied a motion from plaintiff California Smoke Shops Association for a preliminary injunction to block the ordinance. That means the city can continue enforcement, which includes a lottery system for the conditional use permits and 18 months for smoke shops without a permit to shut down. The litigation continues.

Fresno City Attorney Andrew Janz announced the ruling Monday and issued a statement.

“This outcome is win for public safety and the City of Fresno.  What this means is that the City may continue to implement the smoke shop ordinance as planned.  All smoke shops will be treated equally and there will be no special treatment for those who seek to be “grandfathered in” or excluded from the new ordinance.  As indicated by the Court, the vast majority of smoke shops inspected had violations including illegal tobacco, firearms, and cannabis.”

In June, Sherriff denied a motion for a temporary restraining order against the ordinance’s enforcement, finding the association could not demonstrate irreparable harm. In his latest order, Sherriff said the public interest is served by the enforcement of the ordinance.