In certain situations a non-compete does hold up. Like in a sale agreement. Eg. I sell my studio to Miss Suzie. In my sale agreement if Miss Suzie says I can't open a school within a 5 mile radious for 5 years it is legal and will hold up in court. The fact is that there are many loopholes to the laws. The fact that you sign a contract even if the non-compete laws are at quesiton you still can be held to the contract as long as you sign it with full knowledge of what you have signed.