![\"Fresno](\"https:\/\/gvwire.com\/wp-content\/uploads\/2025\/12\/Fresno-City-Attorney-Andrew-Janz-at-podium-provides-an-update-to-a-legal-challenge-to-the-citys-tobacco-shop-regulations-along-with-city-councilmembers-Miguel-Arias-left-and-Nelson-Esparza-1280X720.jpg\")
<\/a>Fresno City Attorney Andrew Janz (at podium) provides an update to a legal challenge to the city\u2019s tobacco shop regulations, Wednesday, Dec. 3, 2025, along with city councilmembers Miguel Arias (left) and Nelson Esparza. (GV Wire\/David Taub)\nViolations Continue, Councilmembers Say<\/p>\n
\u201cThese businesses generate hundreds of police calls for service and undermine the quality of life throughout our entire community. And that\u2019s why we took decisive action, and that\u2019s why the courts agreed enough is enough,\u201d Councilmember Nelson Esparza said.<\/p>\n
During court hearings, the city said 43 of the 44 CSSA members had violations. At the news conference, Arias said violations continued even after reinspection.<\/p>\n
\u201cA lot of the shops that portrayed themselves as the \u2018good actors\u2019 before the City Council and to the public were the same shops where we seized illegal cannabis, flavored tobacco products, guns, and other weapons,\u201d Arias said.<\/p>\n
Arias said one inspection found a 16-year-old working and selling tobacco.<\/p>\n
Smoke Shops Lost First Two Rounds in Court<\/p>\n
The CSSA had trouble gaining traction in court. Judge Kirk E. Sherriff denied a temporary restraining order in June and denied a preliminary injunction in September. A trial was set for January 2027.<\/p>\n
Passed by the council in April, the new regulations require smoke shops to keep the outside of their shops clean and install color video monitoring systems, among other requirements.<\/p>\n
\u201cThe standard is very much weighted in favor of the city. We disagree that the city has a rational basis,\u201d Smith said.<\/p>\n
Fresno City Attorney Andrew Janz said the city has strong policing powers to regulate tobacco, something Sherriff agreed with.<\/p>\n
Janz also refuted claims made by the CSSA, including allegations of unequal inspections. The city has inspected larger retailers such as Walmart and Costco. Those stores already have conditional-use permits because they sell alcohol.<\/p>\n
The ordinance also limits shops to seven in each of the seven City Council districts, or 49 total.<\/p>\n
Although not argued in court, the CSSA said in filings that more than 30 shops would have to close. That would amount to an illegal government taking in violation of the U.S. Constitution, their attorney wrote.<\/p>\n