Restaurant Law Center vs. City of New York

Court: U.S. Court of Appeals for the Second Circuit

Date: 2022

Issue on Appeal: Whether New York City’s ordinance capping fees charged by third-party food delivery platforms is preempted or otherwise violates constitutional protections by interfering with private contracts and interstate commerce.

RLC’s Position: The RLC argues that government-imposed caps on delivery fees improperly interfere with private contractual relationships and market dynamics. Such regulations distort competition, reduce incentives for innovation, and may ultimately harm restaurants and consumers by limiting service availability and increasing costs elsewhere. The RLC emphasizes that pricing decisions in competitive markets should not be subject to arbitrary government restrictions that disrupt business operations across the retail and restaurant sectors.

Other Amici: Restaurant Law Center; National Retail Federation; Chamber of Commerce of the United States.

Counsel: Counsel from national appellate and commercial litigation practices representing amici curiae.