The issue is the 8A is understood to have refered to the punishments being cruel or unusual, per the Court, not the offense. The actual punishments here (fine, court order, or 30 days in jail) are fairly normal for laws, the only odd thing about the statute is what the “crime” is.
Forestalling legislation is one of the most pernicious aspects of certain judicial rulings. Rather than concrete protections we get thin shells waiting for a new ruling to crack.