ADDITIONAL CASES Portier, LLC, Plaintiff v. City of New York, Defendant; 21 Civ. 10347 Grubhub Inc., Plaintiff v. City of New York, Defendant; 21 Civ. 10602 OPINION AND ORDER When a diner orders food from a restaurant using the online platform of a third-party food delivery service (“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, Defendant, the City of New York (the “City”), enacted Local Law No. 2021/090 (the “Customer Data Law”). The Customer Data Law requires that Delivery Services provide restaurants with a diner’s full name, email address, phone number, delivery address, and order contents. Plaintiffs, DoorDash, Inc. (“DoorDash”), Portier, LLC (“Uber Eats”), and Grubhub, Inc. (“Grubhub”), are Delivery Services. In these consolidated actions, they argue that the Customer Data Law violates three provisions of the United States Constitution: (1) the First Amendment, U.S. Const. amend. I, (2) the Takings Clause of the Fifth Amendment, id. amend. V, and (3) the Contract Clause, id. art. I, §10. Plaintiffs also contend that the Customer Data Law exceeds the City’s police powers in violation of N.Y. Const. art. IX, §2(c). The City agreed to stay enforcement of the law against Plaintiffs pending resolution of this action. ECF No. 29.1 The parties now cross-move for summary judgment. Pl. Mot., ECF No. 146; Def. Mot., ECF No. 163. For the reasons stated below, Plaintiffs’ motion is GRANTED as to their First Amendment claim.2 The City’s cross-motion for summary judgment on the First Amendment claim is DENIED. On the remaining claims, Plaintiffs’ motion and the City’s cross-motion are DENIED as moot. BACKGROUND3 I. The Customer Data Law On July 29, 2021, the New York City Council passed the bill that would become the Customer Data Law. N.Y.C. Int. No. 2311-A; see Pl. 56.1
5, 75, ECF No. 165. After then-Mayor Bill DeBlasio did not approve the bill or return it with objections within 30 days, it became law, with an effective date of December 27, 2021. N.Y.C. Admin. Code §20-563.7 (enacted pursuant to N.Y.C. Local Law No. 2021/090); see Def. 56.1 178, ECF No. 182; Pl. 56.1
