Isn't Evansville's claim that you were committing a criminal act (disorderly conduct) and not that they were enforcing an unlawful ordinance?
If so then how would a CoA ruling be a default victory in your lawsuit? It would seem more that as long as a city continued to have the unlawful ordinance on the books then any and every citizen could file a lawsuit until such ordinance was repealed.
It would seem that Guy is going after the easier of the two cases to win (clear violation of state law in enforcing an unlawful ordinance) but the city's stance isn't that they were enforcing an ordinance, nor were they there to enforce an ordinance, but that you were engaging in criminal conduct which in their discretion (as allowed by law) they elected not to arrest you and just escorted you from the property.
The city claims that because Ben knows the the law and won't bow to the city