Tom Servo said:
I think focusing on the fact that it's unenforceable, and that law enforcement has no real interest in enforcing it, could convince people that it's not worth having. The question is: will it convince enough?
Maybe ... or maybe not. Once enacted, laws develop a lot of staying power.
My state used to have a law that had been on the books for approximately 80 years (YEARS) before it was ever used to make an arrest. Once the arrest was made, it turned out in court that neither the police department that made the arrest nor the prosecutor handling the case could even understand what it said. After the prosecution had finished its dog and pony show and rested, the defense didn't even bother to offer a defense -- they went directly to a motion to dismiss.
The judge asked on what basis. Defense counsel said, "Because the law is in two parts, each of which prohibits two very specific types of activity, and the prosecution has offered no evidence that my client has violated either part of the law." The judge thought about it for about 30 seconds, agreed, and dismissed the case.
Remember, this law had managed to survive for more than 80 years. About a year after that case, a different police department threatened to enforce it against two young women who were opening a bookstore. (The law involved fraudulent practices.) The young ladies had a lot of supporters, who went to the legislature and demanded that the law be repealed. I didn't know the young ladies personally, but I knew several people among their supporters. I also knew the defense attorney from the prior case. So I joined the mob, and I testified at the legislative hearing on repeal. We won, and the law is no more.
The point being: It was bad law. The language was so convoluted that an entire police department and a state prosecutor couldn't even read it and understand what it said. But it remained on the books for nearly a century.
But that case also proves that bad laws can be repealed if the people work at it.