It's always Optics.
Appearance.
Publicity.
Political Favor.
And never a moral decision.
One could rightfully call that "targeting", and last time I looked that violates the equal protection clause of the US Constitution.
When lawsuits like this are clear cut and dried bullshit, I always wonder why the defendant's lawyers have such a torturous time defending their client. Like all these bullshit lawsuits against Trump - that they even went to trial is inexplicable to me. And why Trump's lawyers don't cite examples of the many many businesses that do the exact same thing and *aren't* being prosecuted, and point to the 14A to get the case dismissed.
But, as Tilted reminded us, the politicians - particularly Democrats - ignore the Constitution when it suits them to do so. And nobody ever holds them accountable because the judges are all bought and paid for.