COLUMBIA, S.C.—Today, the South Carolina Supreme Court upheld a ban on online vision tests. Visibly, a technology company that provides online vision tests, is represented by the Institute for Justice (IJ) in its lawsuit challenging the ban. The lawsuit, filed in 2016, alleged that the ban was fueled not by any concerns for public health or safety, but instead by a desire to protect the profits of the lobbying group (the South Carolina Optometric Physicians Association) that pushed for it.

“Today’s decision prevents South Carolinians from accessing a safe, easy way to renew their eyeglass prescriptions that other Americans are using across the country,” said IJ Senior Attorney Josh Windham, who argued the case in front of the South Carolina Supreme Court. “That service isn’t unavailable because it’s unsafe. It’s unavailable because an industry group persuaded the legislature to fence out their competitors.”

Visibly, the first FDA-cleared online vision test in the country, allows people who already have glasses or contacts to test their vision online. Visibly then sends the results to a licensed eye doctor, who can look at the results and determine whether—in their medical judgment—the person is still seeing well and it’s safe to renew their prescription. Visibly is not meant to replace a comprehensive eye health exam, but rather to empower doctors to renew otherwise-healthy patients’ lens prescriptions in between those exams.

Banning doctors from using Visibly to expand access to care is senseless. For one, South Carolina doctors are generally allowed to use online tools just like Visibly to prescribe treatment for patients remotely. An eye doctor, for example, is allowed to prescribe eye drops using telemedicine. But that same doctor can’t use Visibly to prescribe lenses. What’s more, South Carolina’s ban does nothing to promote in-person eye exams. Nothing in the law requires eye doctors to examine patients for any diseases or conditions before prescribing lenses. All it requires is that the information on which a prescription is based be collected by a human being rather than by an online tool like Visibly. The South Carolina Optometric Physicians Association crafted the law to destroy Visibly’s business and shield themselves from online competition.

“This law is a vivid reminder that legislatures are all too often taken in by industry groups that want more regulation and less competition, even at the expense of public safety,” concluded IJ Deputy Litigation Director Robert McNamara. “When that happens, it is vital for courts to stand in the way and protect everyone’s basic right to earn a living—even when their competitors don’t want them to. That right loses out in today’s decision, but IJ stands ready to defend it in courts across the country.”