“Even if the rule is not clear, a case can still be made for refunds to all fans who are insulted by the people performing for them, committing acts that were not part of the deal.”
Then that’s the grounds to be argued.
Wouldn’t want to suit thrown out because it was based on some rule that doesn’t really exist.
See # 99
Additionally, these are issues of fact: what did the ticket holders have a right to expect? Juries are triers of facts.
Judges are triers only of law. It would not get kicked.
I just saw a post that cited the NFL rule, with the section of the rules. It was very clear about standing for the anthem. Unless that is fake news, the players are in violation.