Italian Colors Restaurant v. Xavier Becerra

OPINION

VANCE, District Judge:

Plaintiffs challenge the constitutionality of California Civil Code Section 1748.1(a). This statute prohibits retailers from imposing a surcharge on customers who make payments with credit cards, but permits. discounts for- payments by cash or other means. The district court, granted summary judgment in favor of plaintiffs, declared the statute both an' unconstitutional restriction of speech and unconstitutionally vague, and permanently enjoined its enforcement. We hold that the statute as applied to these plaintiffs violates the First • Amendment. Thus, we affirm…