A Merrill, WI, gas station owner is suing the state of Wisconsin in hopes of overturning a law that requires retailers to mark up the price of fuel.

According to The Associated Press, Raj Bhandari was told he couldn’t offer a 2- or 3 cent-per-gallon discount to senior citizens and people who donated to a youth hockey league.

The 1930s-era Wisconsin law that requires the mark-up was designed to keep big oil companies from running the mom-and-pop operations out of business by undercutting their prices at the pump.

But Bhandari’s lawyer says the law is unconstitutional because it deprives him of his right to make a living free from government interference, The AP reported.