It does matter, yes. Because it won’t lead to the outcome you want until someone actually gets a painful fine.
If you can afford to keep fines in litigation/appeals/formal-defect limbo for a sufficient number of years, you can grow out of even once-threatening fines and delay compliance until the law that you finally bow down to is so old that its signs of old age will in the meantime become popular arguments for undermining or retracting it.