@tripletdat,
It will stay in ESM in both scenarios. However, being in ESM suspends the internal schedule, so in scenario 2 it will stay at the pre-set ESM setpoint (as you said). In scenario 1 you’re overriding the setpoint while in ESM; equivalent to making a local setpoint change on the t-stat while in ESM.
I think with a little code you can check the mode of the t-stat and abort the scene when in ESM. (I’d have to test that tonight, before posting it here.)