"U.S. District Judge George B. Daniels of the Southern District of New York on Friday denied the companies' motion for a preliminary injunction of Local Laws 107 and 108, which, respectively, require platforms to prompt customers with the option to pay at least a 10% tip, and to do so before or at the same time that a customer places an order."
"The companies didn't make a plausible case that the laws, which were enacted in August 2025, infringe upon their First Amendment rights, Daniels found. The government may regulate conduct even where that conduct has expressive components. To the extent the contested regulations implicate speech more than incidentally, however, plaintiffs have not at a minimum shown a likelihood of success on the proposition that the tipping laws compel non-commercial speech subject to strict scrutiny, he wrote in the 13-page order."
U.S. District Judge George B. Daniels denied DoorDash and Uber's motion for a preliminary injunction against Local Laws 107 and 108. Local Law 107 requires platforms to prompt customers with the option to pay at least a 10% tip, and Local Law 108 requires that the prompt occur before or at the time an order is placed. Daniels found the companies failed to plausibly show the laws, enacted in August 2025, infringe First Amendment rights. The court held the government may regulate conduct with expressive components and that plaintiffs did not show likelihood of success on compelled non-commercial speech or irreparable harm from tipping fatigue.
Read at www.amny.com
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