It seems Trek should be able to get through loop hole with a DOT approved warning sticker.

"This bicycle is not intended for use on public roadways"

And then let the police do their job for giving out brake tickets as they see it fit. Dirt bikes are sold in the US, but they are off-road use only. If I ever took my Honda CRF205X out on the street, I'd get a ticket unless I installed DOT approved lights/turnsignals/mirrors, etc.

Same should be for track bikes.