Rowell v. Pettijohn

PER CURIAM

Appeal from the United States District Court for the Western District of Texas

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.