Quote Originally Posted by danielxcutter View Post
No the touch doesn't count, the DC's not worth the investment especially if the DM decides to randomly shut you down.
As mentioned whenever someone brings up "Freedom of Movement exists" in response to a grapple-focused monster, this should not be considered relevant to a creature's LA. If the DM is constantly using things that no-sell you, it's an issue (and that kind of DM probably wouldn't let you use these threads' ratings anyway). If it's just an occasional thing, it should be fine.