There's a lot of daylight (and a few thousand dollars in legal fees) between "would be thrown out upon casual perusal" and "is not technically enforceable, but we'd have to litigate in front of a sympathetic judge".
The issue has never, EVER been whether or not Jimmy John's non-compete is enforceable, its that a person leaving a Jimmy John's for a $0.50/hr raise at the Burger King across the street can't afford to litigate it, and the Burger King franchisee definitely won't pay to litigate it.
For those of us who can afford a lawyer to analyze a non-compete clause (and the barest of legal fees necessary to show in front of a judge such a clause), they aren't really an issue. But that's actually a pretty small subset of the population.