Lynn Rowell v. Leslie Pettijohn

RHESA HAWKINS BARKSDALE, Circuit Judge:

For this challenge tó a Federal Rule of Civil Procedure 12(b)(6) (failure to state a claim) dismissal, upholding Texas’ Anti-Surcharge Law, Tex. Fin.Code § 339.001, at issue is whether the law’s proscribing merchants’ imposing surcharges for credit-card purchases constitutes a First Amendment violation. In contending the law violates free-speech rights, a group of Texas *76merchants claim the law: penalizes them for characterizing pricing as a “surcharge”, while at the same time not prohibiting a “discount” for non-credit-card transactions; and is…