His rhetoric is a little strong, as is the "side" he is arguing with. Way too much hyperbole in this thread, all around. Nonetheless, his basic thesis is valid, as I understand it.
* What this guy is doing is legal
* So long as it is legal, there is no real purpose to attacking him - knock him out of business, and someone else will step in - there is obviously a demand, however misguided, and it remains legal. Nothing accomplished.
* If you really want to shut this down, you need to focus on getting the laws changed.
To put it another way, you are attempting to treat the symptom, not the disease. Not only that, it is the minor symptom (small op), not the major one (commercial). It is tilting at windmills.