Rowell v. Pettijohn

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

In Rowell v. Pettijohn, 816 F.3d 73 (5th Cir. 2016), our court affirmed the dismissal of appellants’ challenge to Texas’ Anti-Surcharge Law, which prohibits merchants from imposing surcharges for credit-card purchases. We held the law did not implicate the First Amendment’s free-speech protections and was not unconstitutionally vague. Id. at 82, 84.

On 29 March 2017, the Supreme Court, in a similar matter, Expressions Hair Design v. Schneiderman, — U.S. —, 137 S.Ct. 1144, 197 L.Ed.2d 442 (2017), held speech was regulated and remanded to the…