My angle on all this is whether home brewing would be investigated & prosecuted by the ATF, the DEA, etc. (hardcore federal agency). They would have the power to take away my home, car, possessions, and freedom during the course of a mere investigation, let alone a conviction. I think that would be enough to scare me away from it, I'm afraid to say. I've watched enough crime dramas to know you don't mess around with those guys, ha ha.
But if it were just a city ordinance that involved a fine or something, bring it on. I got cash money to throw in your theoretical face, San Jose. Home brewing 4evah!