Frequent SLF
To answer your question a little bit not to point anything to this particular incicent is that even if the MEL tells you its legal you could always rethink this depending on
for example : Other MEL items already listed in TLB, Ie some other systems already inoperative, Weather conditions on route like for this example I know that on many other types flying with gear down in icing conditions is not allowed. Destination rwy and condition of that etc etc. The list could be long. At the end of the day when the commander makes a summary of all problems they are likely to face ,Like MEL items and other condition he/she could easily have the feeling that this is not safe for some reason, and are therfore have the legal right to say NO to flight. Thats one of the things what the commander is suppose to do before all flights.To ensure its safe when all things at summary
I hope I could lightend up some of your thoughts
Regards
Wings1011