What Pincus was "arguing" was that OC was banned BECAUSE of those doing it in what was an attempt to thumb their proverbial nose at the CA Assembly i.e. OC picnics, gatherings, etc. He is not saying they did not have the right to do it. Yes, I (he)...I think we all know they are terdy Libs. His point is they pushed in an attempt to make a point and the Assemblymen pushed back with a bigger stick and won (for now). His point again was the undue attention one may or will draw to themselves which RIGHT OR WRONG may have an unintended negative consequence....then get out the checkbook if you want to go to court.