> everyone accepts both that the law will be enforced very unevenly, and that this kind of thing doesn't get solved by the regular political process

Nobody agrees on that. TFA follows "a state government inspector" whose effectiveness is hampered solely by a "North Carolina law" which "caps penalties at $5,000 per inspection." That law [1] doesn't exist outside North Carolina.

This is the first time I'm reading about this. We have a dollar store in my town. I'm curious to replicate this experiment myself and send the results into the local newspaper if the discrepancy is real.

[1] https://www.ncleg.gov/enactedlegislation/statutes/html/bycha... § 81A-30.1