If he takes that position he also runs the risk that should at some point in the future his situation change so that he cannot continue to operate without some sort of temporary closure or a long term closure, he has now opened himself up for all kinds of legal liability, lawsuits and persecution in the courts.
If he continues to operate in the future his situation will change.
We don't know if his situation will change in the future. Only that there is a risk that it could change. 