Lynn Rowell, et al v. Leslie Pettijohn

Filing

PUBLISHED OPINION FILED. [15-50168 Remanded] Judge: WED, Judge: RHB, Judge: JLD. Mandate pull date is 06/15/2017 [15-50168]

Case: 15-50168

Document: 00514007108

Page: 1

Date Filed: 05/25/2017

IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
Fifth Circuit

FILED
No. 15-50168

May 25, 2017
Lyle W. Cayce
Clerk

LYNN ROWELL, doing business as Beaumont Greenery; MICAH P.
COOKSEY; MPC DATA AND COMMUNICATIONS, INCORPORATED;
MARK HARKEN; NXT PROPERTIES, INCORPORATED; PAULA COOK;
MONTGOMERY CHANDLER, INCORPORATED; SHONDA TOWNSLEY;
TOWNSLEY DESIGNS, L.L.C.,
Plaintiffs - Appellants
v.
LESLIE L. PETTIJOHN, in her official capacity as Commissioner of the
Office of Consumer Credit Commissioner of the State of Texas,
Defendant - Appellee

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.

Case: 15-50168

Document: 00514007108

Page: 2

Date Filed: 05/25/2017

No. 15-50168
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.

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