You’re right. But it is different if you’re a “Mom-n-Pop” versus a “Big Evil Greedy Exploitative Slave Labor Corporation”. When you’re the latter, the ACLU and any other lawyer-slug are out to make a killing, and they’ve got deep funding pockets; and juries are now filled with the most dumbed-down of citizens who will listen to the “Big Evil...” description and say “Yea! Give the kissing couple $100 Million for pain and humilitation!” That’s the problem, IMHO.
The ACLU could care less about the size of the business they are attempting to screw over and shut down over whatever pet cause they take on.