Yes, the cigarette part of his argument was the weakest one. I'm honestly not sure why he included it... unlike his other examples its not a rare event and the cost of the new law is not high.
However, if you exclude that line... what is your complaint about the article?
My only complaint is that I've heard it all a million times. Maybe at 28 I'm just old now and this is brand new to people, but I remember these Denis Leary routines from the early 90's. It's just playing to the audience's sense of victimhood, but it's always the rich, white, Protestant males who are supposed to be the victims.
However, if you exclude that line... what is your complaint about the article?