District Court wont Rehear case of ATM
A federal Court of Appeals refused Friday rehear a case striking down Santa Monica’s revolutionary ban on increases in air traffic management, without doubt the end of a judicial saga three years covering national attention.
The 3 to 0 decision of the 9 U.S. Circuit Court of Appeals leaves its earlier decision in October maintaining a decision by a lower court that any restriction on the regulation of local banks of charging station non-customers a surcharge violates the law Federal. Furthermore, found that the Swiss Federal Banking Commission regulations adopted by Congress to allow banks to charge ATM use.
In a published decision that overturns a similar ban voters in San Francisco, Joseph T. Judge Sneed wrote: “The court grants summary judgement properly and a permanent ban available to the cities of enforcing regulations.”
The San Francisco-based, the Court of Appeal found that only the Confederation may create such regimes, not the city council or local voters. The city council of Santa Monica and San Francisco voters have adopted similar laws two, three years ago to inspire a national movement to ban non-banking customers of a charging station additional costs which, on average, approximately $ 1.50 per transaction.
“We note that the regulations are pre-empted by federal laws and regulations, and therefore not valid because of the primacy of the clause of the Constitution,”Judge Joseph T. Sneed wrote.
City officials said they were disappointed by the decision. “I am disappointed because it was an important step for consumer protection,” said Mayor Pro Tem Kevin McKeown. “The Bund and the Länder, the legislature does not touch the banks, major gifts of money for their campaigns.”
Regulations “The future, McKeown said, it is likely depend on San Francisco - the judge to rehear the case - Friday took the decision of the Supreme Court of USA ..
“We have never put a camera and said:” What can we do? “, Says McKeown.” San Francisco had to follow. Voters had for her. Your officials had chosen to react. ”
The decision of the appellate court to uphold U.S. District Judge Vaughn Walker decision in July 2000 that all local laws restrict ATM surcharges against the National Bank Act, as well as holders Home Loan Act, both at the national level that charter to govern at federal level and savings.
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