So can Apple, but people get iPhones fixed all the time. Of course, a car is 40-80X more expensive than a phone, so stakes are lower for someone seeking out a non-licensed repair shop.
But it probably comes down to right to repair, and can Tesla be shown as impeding this right. My guess, is yes. But I also think, as usual, the authorities are reluctant to penalize Elon. He makes such a stink about such things, they'd rather penalized John Deere.