I love the scanning hobby as much as the next guy but I doubt any of those lawsuits would go anywhere seeing that the city government has no legal obligation to allow the public to listen to public safety comms or anything really; they could encrypt the garbage collection if they wanted.
I understand the need for encryption on the TAC and SWAT channels but the dispatch channels should be left alone unless city, state or county officials can show a clear and demonstrable need to do so other than the hypothetical drivel they've been peddling! After all, it was the public (i.e.the taxpayers) who made (and continue to make) that infrastructure they utilize for their job possible in the first place.