I have no problem with someone ordering in Spanish. I spent years in Europe and ordered in English all the time when I was in stores.
The thing I take issue with is that the invaders want to bring this guy to court. It's his damn business, if he wants to be an idiot and lose potential customers it's his right to do so.
I Guess getting sued by someone who is here illegally establishes residence or legal precedence. Screw them and the US senate.