I hate regulations, more than you can ever know. I only made my suggestion because I saw a constant pattern of hunting accidents, where the shooter claims to not have seen the hunting partner he shot, during rabbit, and Pheasant hunts. I knew about the record achieved at the State hunting preserves, and while I didn't want upland game hunters wearing vests, as the state requires, I thought wearing a BO hat was not asking too much.
I proposed a modification of Rules, to allow florescent green to be worn in those areas where Frost kills off the leaves, and leaves a brown and gray background during hunting seasons. Obviously, this won't work in most Southern States, or in areas that have mostly Evergreens.
The key to visibility is CONTRAST. I thought by suggesting this alternative, " Legal" clothing attire, the current regulations would be less onerous to those who now object. Florescent Green would not be particularly visible against a brightly lighted snow background, either. Again, CONTRAST. But in overcast areas, and in woods, it is easier to see than BO.
I don't like Nanny state laws either. But I HAVE BEEN SHOT AT ON PURPOSE when wearing Blaze Orange, by some drunk at long range, using a high powered rifle. I have also been shot at and hit in a public Dove Hunting field( 2x same day), by some moron on the other end of the field, shooting at low birds. None of us were wearing Blaze Orange anything that day. So, until you actually have been shot at while hunting, I frankly don't think much of your complaints about a regulation that is intended to make you less of a target out there. The life you save will be your own.
Oh, one of the other H-S instructors was up in his treestand one day, deer hunting, when some upland game hunters came towards him. They were trespassing, because they were lost!, but that didn't keep them from shooting at a bird that flushed between him and the shooters. He saw what was happening, and got around behind his tree just in time for pellets to hit all around him. He intended to hail them when they came into earshot, but they were still further out when the shooting took place. I encouraged him to put BO surveyor's tape around the tree, below his platform, and above his head, to block in his camo'ed body for incidents like that, but to date, he has not taken the suggestion. He is a very died in the wool Archery hunter, and doesn't want any deer to see him at any distance. I stress that deer are more interested in movement, than color, but all my first hand accounts of having deer and other critters walk right up to me wearing BO head to toe have not persuaded him to give it a try.
Remember that there is a real mental phenomena called " Hunter's Blur", where a hunter is so anxious to SEE a deer, that he mentally "sees that deer" when its nothing more than a bush, a car or truck, or another hunter moving behind brush.
We had our first Archery Fatality in Illinois a couple of years back. Two hunters went out to their stands at night, with one hunter dropping off at his stand, and his partner walking away towards his stand. When the second man got close to his treestand, someone else was sitting in it. Rather than have an argument about whose stand it was, he walked back to tell his buddy in the first stand what had happened, and that he was going to be hunting in a secondary location. When he was within 6 feet of his friend's stand, the friend shot him through the chest with an arrow. The friend claimed he heard noise, and could swear he was shooting at a buck. It was not even first light, so he was shooting literally in the dark, and about an hour before legal hunting began. Yeah, he was violating another rule, but his buddy is still dead. Both were in camo.