This seems pretty cut and dried to me. Pickling is pretty hard to "mess up" and make dangerous, just from the nature of the pickling process itself, so the health "concerns" are bound to be overblown here. If you crack a jar of heat-sealed pickled product and it wasn't sealed properly you are going to know it, because the "pop" will not be there (breaking the seal) and the product will likely taste "off."

I certainly hope that The State of Texas takes another leadership position in the fight for individual rights here, and rules in favor of this couple. God bless Texas!