Arbitration is no longer thrown out almost ever, because of ATT Mobility LLC v. Concepcion. An unconscionable contract with arbitration is not an exception to arbitration anymore and state laws no longer apply to arbitration compelled agreements. The arbiter will decide what, if any, laws to follow. The arbiter will decide if the contract is fair. The arbiter will decide if they even want to rule based on the dispute at hand or something arbitrary.
You are behind the times on the sheer power of mandatory binding arbitration.
Then perhaps your ire should be directed at the politicians responsible for appointing judges with more acceptable leanings on civil liberty issues like this, and not at some random local magistrate who failed to rule for the gambling rando who lost $4500 on kickstarter.
I get what you're saying. This isn't a good example of the problem, nor a productive location to whine about it.
Also, "An unconscionable contract with arbitration is not an exception to arbitration anymore" then isn't the problem deceptive business conduct? Can't people form a class and sue for that? (Or is that a process only the FTC can initiate?)
The system did NOT work.
He was denied his right to redress because the judge thought the case wasn't worth enough to be worth his time, wrote a very dismissive ruling and then hoped it wouldn't be appealed so his shitty ruling wouldn't be torn apart.
This isn't a 'the sky is falling' situation. This is a judge cutting a corner to get to cases he views as more important.
The public service (small claims court) was present and used. He just didn't get the result he wanted. It's not like the "public service of justice" was evaded. He got a hearing. The judge (a real judge!) said the arbitration clause was enforceable.
So he lost. In court. Having exercised his constitutional right to petition his government for redress of grievances.
I mean, look: I get that arbitration clauses can be unfair. But that's not an indictment of arbitration, it's an indictment of unfair contracts. For every case like this that makes your blood boil there's one that throws out an arbitration clause that wasn't appropriate.
The system works, basically. It just doesn't get this guy his $4500 back because he made a stupid bet on Kickstarter.