"If you think so, take it to court (as is being done in this case). "

I think you are entirely missing the point. You shouldn't have to. This isn't even a close case. It's not even a case.

Also, this one hasn't been taken to court yet, just appealed administratively, since you must exhaust all administrative remedies before you can bring a court action in most cases.

"It is quite possible that when they think about it, they will agree with you. "

Who is they?