Yes, this concept of the public being present making it a public space is just too difficult for these geniuses to grasp.
Alternatively,
"It is difficult to get a man to understand something, when his salary depends on his not understanding it.
Upton Sinclair
What other public spaces require you to provide your personal information and agree to a service contract before you can use them?
The public shows up at my grocery store. I suppose the store just lost its rights too?