They are very clearly telling the state legislature to change the wording of this law. No big deal. It's done this way in every state's High Court, virtually every month of every year.
And really, don't we prefer that the Courts apply the laws as written, and not invoke magical Judiciary Thinking and change the wording, meaning, and intent of properly-created Legislative acts? In this case, they are applying the law as written (so one dopey perv does get a pass... the price to be paid)... and telling the state legislature to change it ASAP so that the mass of other dopey pervs that will start doing more of this (now that it is being sensationalized in the media) will be able to be properly punished and innocent citizens can again be protected from such intrusions.
Such laws would discriminate against voyeurs.