Italian Colors Restaurant v. Becerra, No. 15-15873 (9th Cir. 2018)
Annotate this CaseThe Ninth Circuit affirmed the district court's grant of summary judgment for plaintiffs in an action challenging the constitutionality of California Civil Code Section 1748.1(a). Section 1748.1(a) prohibits retailers from imposing a surcharge on customers who make payments with credit cards, but permits discounts for payments by cash or other means. Determining that plaintiffs had standing, the panel held that the statute as applied to these plaintiffs violates the First Amendment. In this case, Section 1748.1 restricts plaintiffs' non-misleading commercial speech; this restriction did not directly advance the Attorney General's asserted state interest in preventing consumer deception; nor was it narrowly drawn to achieving that interest.
Court Description: Civil Rights The panel affirmed the district court’s summary judgment in favor of plaintiffs in an action challenging the constitutionality of California Civil Code Section 1748.1(a), which 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 panel first held that it was satisfied that plaintiffs had modified their speech and behavior based on a credible
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