But potentially the issue of AP can be explained on the failure to be stupid. So, even if you do not intentionally count the card, you still can get an idea about the true count just be looking at the cards like everyone else. Would casinos accept that? if so, you would expect some people to be good more than others. So, to comply with casinos wishes, some intelligent people should really make an effort to look away when cards are dealt or try to be stupid but they cannot, hence the disability. So, failure to be stupid is a disability that should be protected by the disability act. I know that may be a stretch, but casinos should be required to put a disclaimer "these games are only for people who possess the ability to be stupid or to not use their intelligence when needed"
Of my 15-20 backoffs, only once (Monte Carlo in Las Vegas) has the pit ever told me the back off was because "You are too smart for us." Almost always their reason is "It is just management's decision not to let you play."