So says the 9th circuit, but they are overruled about everything anyway (crosses fingers case goes to SCOTUS)
https://www.washingtonpost.com/news...challenge-to-500-fine/?utm_term=.a16af2d54b6c
https://www.washingtonpost.com/news...challenge-to-500-fine/?utm_term=.a16af2d54b6c