From today's opinion by Judge Analisa Torres (S.D.N.Y.) in Doordash, Inc. v. City of New York:
When a diner orders food from a restaurant using the online platform of a third-party food delivery service …, the restaurant generally receives only the individual's first name, the first initial of her surname, and the order's contents—the minimum information required to fulfill the order. In August 2021, in an effort to support local restaurants that use Delivery Services, … the City of New York … enacted … [t]he Customer Data Law[, which] requires that Delivery Services provide restaurants with a diner's full name, email address, phone number, delivery address, and order contents.
The court concludes that the Customer Data Law compels commercial speech by Delivery Services, and must therefore be judged under the First Amendment intermediate scrutiny applicable to commercial speech regulations (at least ones not aimed at misleading statements):
