If models that fail the safety testing are banned, then asking for that testing is asking for a ban. That you believe any sane regulation would involve such a ban doesn't stop it from being a ban.
You are taking a hardline libertarian position. We safety test cars, roads, bridges, pharmaceutical. What happens when the unvetted AI model starts teaching people how to make biological weapons, or convincing kids to kill themselves?
The parent is, to my reading, arguing that Anthropic is indeed advocating for a ban. I do not see them making any judgement on whether that ban is justified or not. I don’t think that claim is hardline libertarian.