I explicitly mentioned that anything that falls within the accepted methods of performing things can be considered not-spam.
Anything can be considered spam, and anything can be considered otherwise. It'd be equally right to say that OP_RETURN is spam, because it doesn't fall within your previous definition of "transaction". The truth, no matter how unpleasant, is that every transaction byte is understood equally by the protocol. You're in the disturbing position to accept ordinals deserve some space, just like any other transaction.
I'm, myself, considering this shit spam, but I have much more to lose if I risk turning bitcoin into a censorship nightmare.
You can't use second layer if the primary layer isn't functioning well. In other words this will have the exact opposite effect since the cost of moving in and out of LN channel is also high.
Censoring the main layer is neither a functioning well layer.