Yeah but the Blackhawk requested visual separation. It shouldn't have, it couldn't tell the difference between the CRJ and any number of lights around it. Anyway, at that point the request was granted and you see how it ended.
There's no ambiguity here.
Regardless, 91.119 applies (harshly, and unambiguously, in some cases) to significantly safer operations than 75 ft visual separation from passenger aircraft in bravo airspace. That is absurd. Failure was built into the design from the beginning.
Yes indeed, failure was built in to the airspace design.