In theory that's true, however consider what's happening when the helicopter is actually hit.
1. The beam is already traveling at least a few hundred feet, which means due to divergence it is no longer focused.
2. The beam hits an angled, at least somewhat reflective surface in the form of a windshield.
3. Typically all these incidents involve shitty pens that don't have a good initial beam diameter or divergence.
That helicopter was inconvenienced less than motorists are on a daily basis from other people driving with their high beams on.
Someone correct me if I'm wrong, but if you watch videos of that particular situation, it seems as if at most the pilot is annoyed, and never in any danger.
This kids attorney should be fired for incompetence, and not challenging the law it self.