They truly could, but because they're currently doing it in Bitcoin, and it can't be stopped - unless there's community consensus to hard fork and upgrade the network - then it's better if they're given the ability to use off-chain transactions, no? It might give the Lightning Network a new sort of utility. Dick pic and fart sound collectors don't want to pay for high fees too.
There are different ways of shutting this attack down, one of which is through the Bitcoin protocol. One way would be for those backing this attack to stop supporting it and the centralized market where the Ordinal scams are taking place to be shut down. After all those attacking bitcoin are accepting the high fees because they can have a chance of making some profit from those scams.
With the incentive gone, the attack would stop abruptly.