deadspin's been reporting on this- it looks like they ordered the wrong size cups (the 'tall' ones were supposed to be large, but were the same size)- the arena has already apologized
Sure seems like they owe something more than a mere apology. The problem, of course, for a plaintiff in that situation is proving damages. Only the most utterly meticulous tightwad would maintain receipts from beer purchases at hockey games, and depending on the cash register system the receipts may not be detailed enough to show what was actually purchased. Without that sort of data, proving the amount of money you lost is more or less impossible unless you can produce very convincing witnesses who could testify, for example, "I always attend the game with my husband and he always buys six of the largest size beer possible, two prior to the game, two at the first intermission, and two at the second intermission; he limits himself to six because they will only sell you two per transaction." You'd then have to prove, of course, how many games you'd attended; the ease of that may depend on individual circumstances and the ticketing system. (A digital ticketing system like the Capitals use isn't foolproof for this because it doesn't know whether YOU used the ticket assigned to your account. If you sell it on StubHub, the system still registers that your ticket was used.)
