Proving something it unconstitutional is not that easy, especially when the power of the state is against you. Perhaps if you are independently rich. I actually sat in a council meeting years ago when they were passing a very questionable ordinance. One of the council members asked their lawyer about whether is was constitutional. The lawyer actually stated that they were on very shaky ground and that it probably would not pass muster, but not too worry as the cost of fighting would be too much for most people. He went further on to state that if someone actually did fight it they could drop the charges on that case, allowing the law to stay on the books. They then passed the ordinance. It felt to me like they were committing organized crime. Its been over 30 years and that law is still on the books.