There's no reason you can't. Have you asked for it from your local bar owner? Do you send back low shaker glasses for a top up?
Lets be honest though, most bars aren't catering to us. We're the kind of beer drinkers that make up a very small percentage of the typical bar's customer. I'd be happy to have a decent beer on tap, be served a glass with a bottle, or get a glass that isn't frozen. Maybe in the future a larger percentage of the country will appreciate beer as a food more and that will change. I'd pick my battles now.
Now if you feel like the solution to being robbed of 1 beer of every 7 is a government regulation program, I would contend (philosophical stances on the purpose of government aside) that you're going to lose that 1 beer in 7 either way. If the bar isn't shorting it to you in the glass, the government is going to be taxing you that 1/7 beer to pay for the regulation committee, inspectors, etc to implement the burea of the real pint.
Ymmv, but I'd say pick your battles and take any issues you have with the pour to the proprietor. If you don't like his response, don''t give him your business.
I think durability too. I don't know if everyone elses are the same but my nonic glasses are pretty fragile compared to my shakers.