[AnthonyMouse]

> There's a saying among lawyers, "bad facts make bad law".

One of the problems here is that there is a flaw in the legal system where if the law is unclear, there is nowhere you can go to request a definitive clarification. If you want to find out if you're allowed to do something, you first have to do it and only then find out if somebody takes you to court over it so the court can rule on whether you were allowed to.

Worse, they did CDL for a long time before COVID and nobody took them to court. To get a definitive answer you not only have to do it, somebody has to sue you. And they're not going to do that if they expect you to win, because that would cost them money to pay for lawyers only to set a precedent they don't like.

So in order to create the possibility of a precedent saying it's allowed, you have to push the envelope enough that your opponents think there's a good enough chance that you'll lose to take the risk of bringing you to court. That's preposterous and unreasonable, but it's how the system works.