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I had the same problem, in a similar sized townhome. My solution was similar to your first option. I bought and installed a wireless thermostat. This was back in the late 2000’s, so it predates the “smart” thermostats like the Nest. It’s just a basic programmable thermostat you can move around.
It works well enough. In the summer, I can move it upstairs so the upstairs stays cool. In the winter I could move it downstairs, but generally I leave it upstairs anyway because that’s where the bedrooms are. I remember the thermostat was a bit pricy back in the day, but I’m still using it some 15 years later so I’ve gotten my money’s worth out of it.
The supreme court left it kind of vague in their ruling. The courts are supposed to decide, but for something like this no matter what the lower courts decide, any ruling would almost certainly get appealed up all the way up to the supreme court. So what is or isn’t an official act is basically boils to whatever the supreme court decides it to be.