They aren't asking to open however they like, they are asking for reasonable guidelines that allow them to reopen, probably something along the lines of:
- Purple Tier
- Outdoor only with modifications
- No indoor queuing for rides
- Limited to guests within 120 miles
- Sanitizing high touch areas frequently
- Sanitizing all ride vehicles every 30 minutes
- Red Tier
- Indoor with modifications
- Indoor activities must be limited to 25% of capacity
- No indoor queuing for rides
- Limited to guests within 120 miles
- Sanitizing high touch areas frequently
- Sanitizing all ride vehicles every 45 minutes
- Orange Tier
- Indoor with modifications
- Indoor activities must be limited to 50% of capacity
- Indoor queuing limited to 10% of capacity
- Limited to guests within 120 miles
- Sanitizing high touch areas frequently
- Sanitizing all ride vehicles every 60 minutes
- Yellow Tier
- Indoor with modifications
- Indoor activities must be limited to 50% of capacity
- Indoor queuing limited to 25% of capacity
- Sanitizing high touch areas frequently
- Sanitizing all ride vehicles every 60 minutes
- All Tiers
- Shopping and dining must adhere to the tier in which the county is in
A judge could indeed order something like this, the theme parks aren't asking to be able to reopen as they see fit, they are simply asking for reasonable guidelines, especially when compared to other industries, such as zoos, museums, etc.