United States Ninth Circuit
National Assocation of Optometrists & Opticians v. Harris, 10-16233
In a suit concerns the constitutionality of certain California statutes and regulations which prohibit licensed opticians from offering prescription eyewear at the same location in which eye examinations are provided and from advertising that eyewear and eye examinations are available in the same location, alleging these challenged laws violate the dormant Commerce Clause, the district court's denial of plaintiffs' motion for summary judgment and grant of the State's motion for summary judgment are affirmed where: 1) plaintiffs have not produced sufficient evidence that the challenged laws, though non-discriminatory, impose a significant burden on interstate commerce; and 2) there is no material issue of fact regarding whether the challenged laws place a significant burden on interstate commerce, as plaintiffs have not produced evidence that the challenged laws interfere with the flow of eyewear into California.
Appellate Information
- Decided 06/13/2012
- Published 06/13/2012
Judges
- HUG
Court
- United States Ninth Circuit