A Queens judge ruled Tuesday that the local law that let New York City rapidly shut down more than 1,000 businesses accused of selling cannabis without licenses is unconstitutional because it denies shop owners their rights to due process.
The decision calls the legality of the closures into question and has the potential to halt the city’s enforcement effort, known as Operation Padlock to Protect, which Mayor Eric Adams has repeatedly hailed as a success.
Liz Garcia, a spokesperson for the mayor, said Tuesday the city will appeal the ruling.
“Illegal smoke shops and their dangerous products endanger young New Yorkers and our quality of life, and we continue to padlock illicit storefronts and protect communities from the health and safety dangers posed by illegal operators,” she said.
The city updated its administrative code earlier this year to make it easier to shut down stores suspected of selling cannabis without licenses. But New York Supreme Court Justice Kevin Kerrigan has ruled that the portions of the city’s law that allow the sheriff to unilaterally decide whether to keep a store closed for up to a year are unconstitutional.
Under the law, the owner of a business that has been padlocked for allegedly selling cannabis without a license is entitled to a hearing with the Office of Administrative Trials and Hearings, or OATH. After listening to the facts of the case, the hearing officer makes a recommendation as to whether the store should remain closed.
But the ultimate decision is up to the sheriff — and lawyers representing businesses that have been shut down say it’s not uncommon for the sheriff to ignore OATH’s recommendations.
Hellbound and Down 