What solution do you propose instead?
It's not unprecedented either. In CPR training, you are taught the Heimlich. You are also taught that you have to ask someone who is choking if they want help (or you will be sued, regardless if you save them). If they say no, they don't want help, you can either leave them to die, do it anyway and get sued for all you are worth (don't count on mercy, the law is 1000% against you), or wait until they pass out and then do it anyway (you are then protected by the Good Samaritan law)