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No need to wait for a judge, the answer is in the FAQ under Rulebook Corrections (page 3):
"Change the following in the second line of the fifth paragraph under Elevated Terrain, page 16: “Line of fire from an elevated attacker is not blocked by grounded characters.” Grounded blocking terrain now blocks line of fire from an elevated attacker."
The LOF is not blocked by grounded figures so BP can shoot over them.
"...my eyes were watering, and my tongue was swollen, and from that moment on, I was more careful about what I lick!" -- Koda (Brother Bear)