And while that is winding through the legal system, courts have decided that Kalshi/Polymarket can continue to operate. That might change in the future, but it is the present reality.
As long as the business is legal to operate, there is no justification for criminally prosecuting the people engaged in that business.
That courts have not ordered them to stop operating does not mean that what they are doing is legal. They could face additional counts for their behavior while the case is pending.
"As long as the business is legal to operate, there is no justification for criminally prosecuting the people engaged in that business."
You are begging the question: assuming that the business is legal to operate in the state of Utah. You keep presenting Kalshi's arguments as though they enjoy some presumption of legality prior to a ruling.