Sunday, November 18, 2012
Out-of-Staters Take California to Supreme over the State's Optical Code
In California, "state-licensed optometrists and ophthalmologists are allowed to conduct eye exams and sell glasses at their place of business, while commercial retailers—such as the national eyewear chains represented by the NAOO [National Association of Optometrists and Opticians]—are barred from furnishing on-site optometry services." So starts a Cato Institute blog post written by Ilya Shapiro. "The NAOO...sued California officials for discriminating against out-of-state retailers...The district court ruled in the group's favor...The U.S. Court of Appeals for the Ninth Circuit reversed, however...On the case's second round in the Ninth Circuit, the court...again upheld the ban on co-location by out-of-staters. Cato now joins the Opticians Association of America and five individual optometrists on an amicus brief urging the Supreme Court to take the case...We argue that California's laws are unconstitutional because their true purpose...was merely to protect in-state business interests." Read more.