United States Second Circuit

Denial of preliminary injunction against enforcement of a Connecticut law, "An Act Concerning Automotive Glass Work" (Public Act 13-67), is vacated and a preliminary injunction ordered on First Amendment grounds, where: 1) PA 13-67 constrains plaintiff's commercial speech by preventing plaintiff from steering customers towards affiliated automobile repair shops; 2) the evidence reveals that consumers were satisfied with the current arrangement, and that PA 13-67 served the interests of competitor automotive glass repair shops; 3) consumer choice is a means to an end, which is the maximization of consumer satisfaction; 4) the district court erred in applying rational basis review, and should have applied intermediate scrutiny; and 5) PA 13-67 cannot survive intermediate scrutiny on the present record.

Appellate Information

• Decided 09/04/2014
• Published 09/04/2014

Judges

• Winter

Court

• United States Second Circuit

Counsel