An association representing smoke shop owners plans to file a lawsuit after the Fresno City Council approved regulations that could drastically reduce the number of shops in the city.

Todd Wynkoop, attorney for the California Smoke Shop Association, said the group is “disheartened” with a 4-1 vote (with one abstention and one absence) to require smoke shop owners to obtain a conditional use permit, among other regulations.

The law allows for only 49 CUPs — seven in each of the seven council districts. That could mean dozens of stores would not be able to obtain a CUP and have to shut down. The city is allowing for an 18-month wind-down period.

“The process violated due process while the ordinance, on its face, will violate the due process and equal protection clauses of the United States and California Constitutions by retroactively applying development code provisions as a weapon and by singling out smoke shops from other similarly situated businesses,” Wynkoop said.

“The ordinance also will violate the Constitution by its discriminatory application against the predominantly religious and ethnic minority group of smoke shop owners,” he said.

The association intends to file a lawsuit in federal court “to intervene immediately to block enforcement of the law and, ultimately, to invalidate the ill-conceived ordinance,” Wynkoop said.

Other Councilmembers Welcome Lawsuit

Miguel Arias, one of the authors of the ordinance along with Annalisa Perea and Nelson Esparza, found a silver lining in the potential lawsuit.

“If these smoke shops pursue a frivolous lawsuit against the city, I look forward to examining their books and accounts through the discovery process. I suspect the vast majority of smoke shops would not be able to prove any damages given the fact that their business model is based on illegal activity as proven through our extensive inspections by code enforcement, police, and Attorney General’s office,” Arias told Politics 101.

Perea stands by her vote.

“We are confident that there is no merit to this new threat of lawsuits by these operators. We look forward to illicit smoke shops being compelled by a court of law to turn over documents and records to justify their claim,” Perea said.

Veto an Option

Mayor Jerry Dyer has the option to veto the ordinance. His office said he will not make a comment on his intentions.

Wynkoop said the association is exploring whether to lobby Dyer to veto.

It would take five votes to override. At the April 24 council meeting, Miguel Arias, Nelson Esparza, Annalisa Perea, and Brandon Vang voted in favor. Mike Karbassi voted no. Tyler Maxwell abstained, but indicated he does not support the ordinance in its current form.

Nick Richardson missed the meeting because of military service. He previously voted against the bill.

Dyer has until 5 p.m. May 5 to make a decision.

News of the pending lawsuit is no surprise to Karbassi.

“One of my chief concerns with this ordinance, despite its good intentions, was that it clearly exposes our city to litigation. It’s no surprise that we’re already getting sued,” Karbassi said.

Will Jonasson Rosas Run in 2026?

Elizabeth Jonasson Rosas filed paperwork with the city to establish a fundraising committee to run for Fresno City Council in 2026, but does that mean she will follow through?

She played coy when asked directly by Politics 101.

“I’m focused on the important work before me at Fresno Unified,” said Jonasson Rosas, who is the Roosevelt High area trustee on the School Board.

Opening the account allows her to continue to raise funds, whether she does decide to challenge Brandon Vang for the District 5 seat, or help pay off her run in the recently-held special election.

Vang secured the victory for the vacant seat on March 18 with 50.19%, narrowly avoiding a runoff with Jonasson Rosas, who garnered 35.01% of the vote.