And it matters how? I didn't say the argument is correct or approved by court, or that I even support it. I'm saying what the argument, which OP referenced, is about, and how it differs from their proposal.

+1, this is just the commenter saying what they want without an actual court case

The justice system moves an order of magnitude slower than technology.

It’s the Wild West. The lack of a court case has no bearing on whether or not what they’re doing is right or wrong.

Sounds like the standard disrupt formula should apply. Cant we stuff the court into an app? I kinda dislike the idea of getting a different sentence for anything related to appearance or presentation.