That isn’t how taxes work. You don’t vote to raise taxes on the rich and accidentally raise taxes on the middle class. You can’t say not to raise taxes because rich might find loopholes. No one says we shouldn’t sentence people to prison because the most connected people might escape.
Not sure how they think this won’t upset customers. I assume most customers won’t know there is a surge until they get to see the menu board. By the time they see it they will have already gotten in line. So they either get out of line or decide to pay. Either way I am sure they are going to leave upset. The only customers that won’t be upset are the ones that want to pay more for the same food or didn’t notice. The latter will be upset if they ever realize what happened.