The Browns can’t even win with their own fans.

Having already seen an offseason’s worth of hype melt away with four losses in their first six games, the Cleveland Browns now face a battle against fan Eric Smith, who is filing a lawsuit against the team after being mistakenly identified as pouring a beer on Tennessee Titans player, and banned from FirstEnergy Stadium.

Smith is seeking a public retraction from the Browns, as well as financial damages, his attorney, Bruce Taubman, told ESPN.com.

During the Browns’ Week 1 blowout loss to the Titans — during which Tennessee defensive back Logan Ryan was soaked with beer in Cleveland’s “Dawg Pound” section — Smith reportedly wasn’t in attendance, and was working as a DJ at a wedding that day.

According to the complaint, the Browns privately apologized to Smith, and then issued a statement that they had “not explicitly identified the individual involved or taken any formal action of punishment.”

The Browns declined comment, through a team spokesman.