PER CURIAM
Appeal from the United States District Court for the Western District of Texas
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before DAVIS, BARKSDALE, and DENNIS, Circuit Judges. PER CURIAM:
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, 137 S. Ct. 1144 (2017), held speech was regulated and remanded to the second circuit. As a result, the Court remanded this matter to our court "for further consideration in light of Expressions Hair Design". Rowell v. Pettijohn, No. 15-1455 (U.S. Apr. 3, 2017).
Accordingly, this matter is REMANDED to district court for further proceedings consistent with Expressions Hair Design.