No sides are assigned here. They think together, concede where they must, and only rule once they've heard enough.
The bench finds that charging a premium for tacos on Tuesday is permitted only narrowly; a modest surcharge that reflects genuine demand may be allowed, because unrestricted price inflation would exploit vulnerable consumers and commodify a communal tradition.
The surcharge must be limited to a reasonable, transparent increase—no greater than a small percentage above the regular price—and must be justified by cost or demand factors without disproportionately burdening low‑income patrons. Any markup beyond this narrow scope is forbidden.
The majority’s narrow focus on moderating Maria’s financial burden ignores the deeper corruption of cultural integrity: allowing any price increase on “Taco Tuesday” legitimizes the commodification of a communal tradition, transforming shared ritual into a profit mechanism. No “small surcharge” is benign—it is a foothold for markets to colonize collective practices, eroding the non-economic value of customs that belong to society, not shareholders.
I dissent because the rule is muddled and insufficient. The cleaner principle is clear: when businesses monetize traditions, they appropriate a public heritage for private gain. I would bar all price hikes tied to cultural rituals, not qualify them by degree. The market’s role is not to ration joy but to respect the boundaries of the common good.