Everyone should able to create mining equipment
You are, you are free to create your own mining equipment.
without restriction or stupid patent
Or having to ever pay for anything ever. MS should make Windows freely available to everyone, so as not to put Linux people at a disadvantage. Everyone is entitled to an iPhone, not just any smartphone. And rich parents, not just any parents, because otherwise life would be totally unfair.
and miners should be allowed to mine bitcoin with anything (even it's inefficient)
You are. AsicBoost isn't taking away your CPU, your GPU, your FPGA, or the chickencoopful of ASICs you're mining with now.