meh.
if you walk into an intersection chasing a pokemon, you shouldn't get a fine - unless it's a standard negligence tort. you should get a darwin award.
"distracted walking" is kind of like "drunk in public". it happens. it's part of living in a free society.
but, dui is inexcusable. so, likewise, go after the people texting and driving.
http://www.cbc.ca/news/canada/british-columbia/majority-of-canadians-support-legislation-to-ban-distracted-walking-poll-suggests-1.3822086