Nickels may get by on a technicality - he is proclaiming this as a rule rather than a law and the overlying law is trespass. We'll see. I would expect that both sides are so invested in this battle that we will see a new batch of lawsuits to find out where the limits of the SCOTUS ruling are.
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"You're not a g*dda*n looney Martini, you're a fisherman"

R.P. McMurphy - One Flew Over The Cuckoo's Nest