Big banking has contested our ATM surcharge ban and we are waiting for court resolution. The most recent decision moves our case forward to the Ninth Circuit Court of Appeals, where we'd originally asked to be heard. The Ninth Circuit ten years ago ruled that states do have regulatory power over ATMs, and despite the lower court we're confident our ordinance will be upheld on appeal. One transaction should incur only one fee, from the consumer's home bank. This would let the customer and the bank effectively and equitably negotiate the true cost and the true value of ATM use.
Banks can compete in a free and fair market.
It's that free market Santa Monica's asking for, not a free service.