The city of Fresno is bracing for a lawsuit after passing tighter regulations on smoke shops and vape stores.

The 4-1 vote — with one abstention and one absence — by the city council on Thursday means only 49 of the approximate 170 tobacco shops will be legally allowed to operate. Only seven stores will be allowed to operate per district.

City Attorney Andrew Janz said of the 170 shops in the city, about 90 have proper business licenses now.

No smoke shop owners spoke on Thursday. In the past, industry group California Smoke Shop Association, represented by Fresno attorney Todd Wynkoop, threatened legal action.

In a Feb. 25, 2025 letter to the city, Wynkoop said ordinance “exceeds the City’s police and regulatory powers,” and would “violate the rights of existing small business owners in the City,”

Wynkoop said the regulations would result in “taking” of property, and require “tens of millions of dollars” in compensation.

Janz said this new ordinance gives his office teeth to enforce. He is ready for any legal challenge.

“We fully expect to be challenged but we are confident that this ordinance will survive judicial scrutiny given the thoughtful and careful drafting of the law,” Janz said.

The association declined to comment when reached by Politics 101.

A lottery will determine the winners of the 49 permits to operate. Those who do not win would have 18 months to wind down operations.

Miguel Arias, Nelson Esparza and Annalisa Perea — the bill’s sponsors — voted in favor, joined by Brandon Vang. Mike Karbassi voted against, and Tyler Maxwell abstained. District 6 Councilmember Nick Richardson missed the meeting.

Karbassi initially removed the tobacco shop ordinance at the request of Richardson. Perea and Arias then requested a vote to return the item for discussion, and it was approved 6-0.

Mayor Jerry Dyer has the option to veto. The backing of at least five councilmembers is required to override a veto.

Related Story: Fresno City Council Finally Passes a Tough Smoke Shop Ordinance

Where Was Richardson?

A statue depicting military bravery stood in Richardson’s place on the dais.

He missed the meeting because he is serving reserve duty with the Marines. He said he will be away for a few weeks training in Africa. His office said he returns May 3.

Even if Richardson wanted to participate, state law may not allow it. Post-pandemic, the state Legislature limited the circumstances for elected members to join meetings remotely — namely either through emergency circumstances or just cause.

Serving military duty does not fit under either definition.

In May 2008, councilmember Larry Westerlund was called to active duty by the U.S. Navy. That situation required the appointment of an interim councilmember to represent District 4. Attorney Paul Caprioglio got the nod, and he later went on to serve two terms on the council, terming out after the 2020 elections.

How Much Does it Cost to Secure the City?

The city will spend $3.35 million to secure several of its properties. The council voted 5-1 on the consent calendar awarding a one-year contract with Allied Universal Services, with four one-year options.

Areas covered under the contract include City Hall, several parks, and police headquarters.

A committee of city staff sorted through 19 proposals, recommending Allied Universal Services, which was not the lowest bidder. The company would be able to “provide a higher level of service,” according to staff documents. Allied’s price ranked 8th. SafeRock’s quote of $2.7 million was the lowest.

The new contract means a change of vendors. Los Angeles-based American Guard Services, Inc. is out.

Jerry Gregory, executive vice president of American Guard Services, spoke to the council, saying the request for proposal guidelines were not fair.

Karbassi was the lone vote in opposition.

City to Reimburse Fancher Creek Developer

The city will reimburse a major developer up to $3.5 million for infrastructure improvements in southeast Fresno.

The city already signed an agreement with the company behind Fancher Creek — a series of residences, commercial outlets and trails already under construction. The developer will be paid back for installing turn lanes at Clovis Avenue and Tulare Streets, trails and parks.

The money comes from a dedicated traffic signal, and park funds.

Fancher Creek Town Center, LLC is part of Lance-Kashian & Company.

The 6-0 vote took place on the consent calendar without debate.

Esparza Breaks Out White Board on Solar Bill

The city of Fresno does not like a state bill that could eliminate financial advantages for customers who have solar.

Karbassi called it a “bait and switch.” Without the savings, the city — which just turned on the power to its own solar power system — would have to increase charges to customers, Karbassi said.

Dyer already sent a letter of opposition to AB 942.

Related Story: Fresno Mayor Says AB 942 Anti-Solar Bill Poses ‘Significant Threat’ ...

During the discussion, Nelson Esparza, an economics instructor at Fresno City College, brought out his whiteboard to explain how solar energy and rebates worked.

Ultimately, the council held off formally opposing the bill until the state Legislature releases an analysis. The bill is assigned to the Assembly Committee on Utilities and Energy, but does not have a hearing date.

State Wage Theft Bill Passes Committee

A state bill that would make it easier for victims of wage theft to sue their employer passed a state committee.

Authored by state Sen. Scott Wiener, D-San Francisco, SB 310 allows workers to file civil lawsuits against employers, independent of the state labor board process.

Opponents, like the California Chamber of Commerce, said the bill bypasses an agreement the Legislature and business groups made to reform the state Private Attorneys General Act. PAGA allows workers to sue on behalf of the state, with both parties sharing penalties.

The Chamber, in attack ads against Wiener, said the bill sides with “trial lawyers and attacking small businesses,” Politico reported. Wiener joked that at least they used a nice photo of him.

Wiener said the bill allows aggrieved workers to recover more and possibly in a faster manner.

The bill passed 10-2 — along party lines with Democrats in favor — on Tuesday from the state Senate Judiciary Committee. It heads next to appropriations.

State Sen. Anna Caballero, D-Merced, did not cast a vote.

Politicker …

The council took a long pause during the morning session to hold a flag raising ceremony to commemorate the Armenian Genocide. Speakers told the story of the Ottoman Empire’s actions against 1.5 million Armenian people in 1915, and those atrocities today in places like Artsakh.

At #Fresno City Hall, Armenian flag raising ceremony. It is commemoration of the Armenian Genocide. pic.twitter.com/KiHZQBkruv

— David Taub (@TaubGVWire) April 24, 2025

The Armenian and Holocaust remembrance takes place at Temple Beth Israel (6622 N. Maroa Avenue), Sunday at 11:30 a.m. Known in Hebrew as Yom HaShoah, local Holocaust survivors Hanna Krebs and Eva Maiden will share their stories.

Vang, who formally took his council seat on April 10, will hold a ceremonial swearing in and reception today (Friday) at 5:30 p.m. on the second floor of City Hall.

The city council postponed a rezone hearing for an industrial site in south Fresno. The move did not sit well with some community members.

Eric Payne, executive director of the Central Valley Urban Institute, called it “a blatant betrayal of public trust.”

“This backdoor deal championed by a handful of political opportunists eyeing payouts from the very industry poisoning our neighborhoods, isn’t just undemocratic, it’s dangerous. This isn’t governance; it’s environmental racism dressed up as urban planning. Fresno deserves transparency, not tyranny. The people said no loudly, clearly, and legally. We won’t let them bury our voices under concrete and campaign contributions,” Payne told Politics 101.

The city clerk announced the delay until May 22 at the start of the meeting.

The lawsuit from the city’s pension system against the city will be heard in Merced County. During last year’s budget process, the council reduced its commitment to the pensions for police and firefighters, saying it is already overfunded. The pension system balked, saying the council could not make such a move.

Fresno parks commissioner Christina Soto recently resigned from the nine-member body. In 2024, Dyer appointed Soto to what is officially known as the Parks, Recreation and Arts Commission, commonly known as the Measure P commission. The term for that seat ends June 30, 2025.

Gov. Newsom shall never forget, that a Fresnan is the state’s Poet Laureate.

This week, Newsom reappointed Lee Herrick, who has served since 2022. Herrick teaches at Fresno City College and the University of Nevada.