My usual approach: I ask the referee to review the incident and how he came to his decision. (That does not always mean I disagree with it.)
If he knew the Ruling and had a reason why he decided it did not apply, I would naturally be sympathetic.
If he didn't know the Ruling, I would mention it and explain why I thought it was absurd.
I would be unlikely to include it in my report, but would use it as an opportunity to raise the issue with the appropriate people, asking if it was still supposed to apply, and rehearsing my criticism of it.
