The fuss isn't about whether a man smokes a cigar on a stage, the fuss is about the fact that another man will lose his livelyhood if this happens.
A classic example of how well meaning and sensible laws, when enforced by anals and control freaks, are used to serve no purpose other than to, at best stop people having a good time, and at worst thrown in jail.
The point is that the only reason the theatre couldn't let the actor smoke is because it is against the law, not because it goes against the reason that the law was created in the first place, i.e. to protect public health.
Imagine the meeting of the sad suits sat around the table discussing this case "Nope, we definately can't have this actor smoke a single cigar.... it's against the law, we're going in...." And you Richie, would be sat there agreeing with every word.