R' Joel Rich responded to my comments, writing:
> So are you saying that everyone is relying on
> what seems to be a clearly rejected opinion which
> at best says we don't stop them (again is there
> anyone who says it is OK to do?)

Oh, now I understand your question better. You wanted to know if 
there is anyone *nowadays* who says it is OK to do so.

Sorry, the best I could come up with was the Teshuvos Mem Ayin, which 
we see was rejected. But, one must admit, a rejected daas yachid is 
better than nothing.

(Actually, now that I think of it, I remember once one of my rebbeim 
said that a rejected daas yachid is *not* better than nothing. I 
think his words might have been, "If only one posek says so, then 
it's not even a daas yachid.")

Akiva Miller