Very interesting discussion, for the most part, from which one must conclude that a GMRS licensee using a GMRS repeater without, or even against, permission is not violating either law or regulation.
While I am not condoning doing so, and I am not a lawyer, consensus seems at worst it would be deemed inconsiderate.
Repeater access tones can be detected and used even if unpublished. Unpublished repeater tones simply cannot confer exclusivity to GMRS repeater access unless regulations are revised to make that so. GMRS regulations simply do not confer such exclusivity.
Transmitting an order for someone to stay off your GMRS repeater may not constitute interference as defined under FCC regulations but such a presumption is likewise inconsiderate at best.
It is like the mean old man in the neighborhood where I grew up who would yell at us kids to stay off his sidewalk when we rode our bikes in front of his house.
Just my opinion, but if you desire exclusive radio repeater operations you should apply for an exclusive use business frequency and invest in some encryption capability.