NYC Mayor Adams bucks judge’s ruling, says shutdown of illicit smoke shops will continue

Mayor Adams says the metropolis is going to proceed shutting down suspected illicit fume shops — contempt a Queens judge’s Tuesday ruling that recovered the precocious enacted instrumentality allowing the metropolis to shutter implicit a thousand shops is unconstitutional. 

The judge’s determination determined the authorities instrumentality allowing the sheriff’s bureau to padlock fume shops aft a raid violates store owners’ rights to owed process. 

“That’s what I’m saying,” Adams said Thursday. “We’re inactive closing fume shops.”

The city’s “Operation Padlock to Protect” was fixed the greenish airy by Gov. Hochul earlier this year. The instrumentality gave the metropolis the power to padlock stores aft conscionable 1 inspection. Since then, the inaugural has shuttered implicit 1,2000 shops and confiscated implicit $82 cardinal of illegal products, according to a spokesperson for the mayor.

“That’s what helium was talking about, an facet wherever the sheriff is capable to overturn immoderate happened wrong OATH (Office of Administrative Trials and Hearings),” Adams said of the judge. “That’s the facet of it. We’re inactive closing fume shops.”

An serviceman carries retired seized products astatine an amerciable cannabis store during an enforcement action, Wednesday, Aug. 7, 2024, successful New York. (AP Photo/Yuki Iwamura)

The shops tin entreaty to reopen with administrative hearings, but the last determination connected whether a shop tin enactment open oregon adjacent for a twelvemonth falls connected the sheriff’s office. 

“This determination should not beryllium interpreted to condone specified unlicensed activity,” Judge Kevin Kerrigan wrote in his decision. “However, summarily shuttering a concern for 1 year, despite the information that it was exonerated from allegations of amerciable activity, stands against the cornerstone of American ideology and procedural owed process.”

On Thursday, Adams said since the justice was talking astir 1 portion of the process, it won’t undermine the city’s wide efforts. 

Attorney Lance Lazzaro, who represents Cloud Corner, the shuttered store successful Queens that’s present allowed to reopen.

“He whitethorn accidental that, but the occupation with his small mentation is that the justice has ruled the statute itself is unconstitutional due to the fact that it violates the owed process,” lawyer Lance Lazzaro, who represents Cloud Corner — a shuttered store successful Queens that’s present allowed to reopen — said of Adams. He added if the appellate tribunal upholds Kerrigan’s ruling, the determination could besides pb to the overturning of the padlock law.

Liz Garcia, a spokesperson for the mayor, said the city’s Law Department has filed a announcement of entreaty connected the case.

“Illegal fume shops and their unsafe products endanger young New Yorkers and our prime of life, and we proceed to padlock illicit storefronts and support communities from the wellness and information dangers posed by amerciable operators,” she said.

Originally Published: October 31, 2024 astatine 8:15 PM EDT