Re: That's a shame
Yes. Like the Free Market sorted out smoking in public places. Oh, it didn't. What happened is a significant minority were happy to share their smoking hobby with those around them, and everyone else had to suck it up (literally), or be seen as the fussy kill-joy who should have stayed at home. It took laws to sort that out.
Texting during performances is much the same. If not enforced, the thoughtless gits will be just fine with telling the rest of us to live with it, or sod off.