Well, apparently it was an unfinished section of the game that was simply disabled by the coders, the models were all with placeholder textures etc. It couldn't be accessed without a piece of hardware on consoles which was illegal in the US anyway.
For those who weren't following the story, this all came about because of an Internet site called Overlawyered, which was following the suit, and filed their own complaint about how ridiculous it was. especially when the actual damaged parties were to receive approximately one dollar for every 50,000 dollars paid to the lawyers who bought the suit, since the number of actual claimants was some ridiculously small number.