The fact that local cops did not make an arrest does not mean that there will not a whopping civil penalty from FAA flight safety. Could be six months later when the smoker opens his mail to find a Notice of Proposed Penalty which he can accept or fight.

But, bottom line is that being hauled off by the cops might make an impression on even a half-wit. The goal is compliance and this might move the ball as some blogger will likely report this as somebody having been arrested, hauled off in chains and held at Gitmo for 9 years.