Well, this is the responce I received;
 
Mr. Myers,
I neglected to send CFR Reference in previous Email:
  
§ 23.1301 Function and installation. 
Each item of installed equipment must—
(a) Be of a kind and design  appropriate to its intended function. 
(b) Be labeled as to its  identification, function, or operating limitations, or any applicable combination of these factors; and 
(c) Be installed according  to limitations specified for that equipment. 
[Amdt. 23-20, 42 FR 36968, July 18, 1977, as amended by Amdt. 23-62,  76 FR 75760, Dec. 2, 2011]
  
So  you are correct ADS B is not Mandated until 2020 BUT if you have  equipment installed it must be operational In Accordance With applicable  CFR sections: 23.1301,  91.227.
 
Me again:
This is hard to interpret but it soulds like the requirements for installed equipment would not govern the portable units we are using. Needless to say I am a very small fish in a big ocean. 
I am wondering if any others have been contacted as the gentleman I spoke with said he was working on a stack of about 900 units that failed to meet the standard.
Havn't heard from Don yet!!!  I might e-mail him instead.