If the plaintiff is "elderly," it could be hard to convince anyone that her hearing loss wasn't a preexisting condition.
But the articles say that the plaintiff was with
an elderly woman... not that she's elderly herself. No ages given for anyone, that I could see.
And that business about the volume on the muffs is just... goofy, unless the muffs were actually malfunctioning.
It all sounds like your basic nuisance lawsuit, and I'd be curious to know what, if any, family (or other) relationships the owners of The Arms Room have with LEOs in the area. Going by what I found on Google, the plaintiff's attorney is pretty much at war with local law enforcement following some run-ins he's had with local authorities. He lost a defamation-of-character suit brought by a Santa Fe, TX police officer who arrested him for DUI... is suing the City of Galveston, and various other local and county agencies and individuals, over an arrest for cocaine possession... he's representing his younger brother in a harassment suit against the Santa Fe PD... and there's more
if you Google him.
And he's now running for mayor of Santa Fe -- lucky them.