*1 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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