While there is lipservice about consistency, in the end, what is bannable is dependent on who the person is. Are they part of Tyler's circle jerk (Count Dookkake, blame space), are they heavy participants in #ga, are they considered useful for diversity (Gaborn, Billiechu), etc.
A person like ToxicAdam has to walk to eggshells but a Count Dookkake can violate every rule of the TOS and come away unscathed. Fair or not, that is just the way things are over there.