So ... their claim is that playing
broadcast music in a way that more than one person can hear it is a public performance?
Okay first of all, that would mean that every radio receiver ever made which has a built in speaker has no purpose except infringing on copyright, and is therefore illegal.
The real sign that asylum management has changed hands is that the judge is actually letting this ... rubbish go forward.
It's a very sad day for the few remaining of us who can actually distinguish rational from raving.