A group of Florida businesses agrees the U.S. Supreme Court should resolve questions about the constitutionality of a state law that has barred merchants from imposing surcharges on customers who pay with credit cards, but the answer might ultimately come in a case from New York.
Attorney General Pam Bondi in June asked the Supreme Court to take up the dispute, after a federal appeals court ruled that the law violated the First Amendment. The U.S. Court of Appeals for the 11th Circuit said the law allows businesses to offer discounts to customers who pay with cash but does not allow surcharges for credit-card purchases, a situation the ruling likened to “distinctions in search of a difference.”
