It seems like Avery can't go anywhere without controversy following closely behind.
Although it was a bit of a cheap shot yes, Smid should have definitely seen it coming. When you're trying to start a fight, you shouldn't immediately drop your guard the second a player looks like he's going to skate away, its not like this is the first time someone has thrown a cheap shot in hockey. Also, what was Smid doing trying to start fights when he's wearing a visor? In my opinion that's cheaper than what Avery did.
Its just unfortunate that if it was anyone else, that "cheap shot" wouldn't have been that big of a deal, but because of Avery's reputation, every little thing he does is going to be put under a microscope. Say what you want about him though, he may not be the classiest player in the league, but he definitely makes for good tv.
Another kodak Avery moment incase you haven't already seen it (maybe you live in a cave or something):