soda or water?

this is a constant discussion in our household every time we go visit one of my most favorite salad bar restaurants...if you order water, get water!!!

here is how it always goes down:
i go up to order the usual...one salad bar please...and then they always ask, "would you like a drink with that?!"
this is where it gets tricky, as i look over at the wonderful selection of drinks (aka fountain diet coke and diet dr pepper...oh and did i mentioned they have crushed ice too!!!) and see the same cups for both water and soda. so, do i say "yes" and get my drink or say "no, just water" but i get really get a soda.

according to my ever so honest better half, it is crime to order water and get a soda.
really?!.. how many people do you think really order water and gets water? 
his argument back is if they didnt care what you got, they would never ask you if you would like a drink.
i mean honestly, its not a huge crime like where they will lock you up if you get soda when you order water...but the good ole boy hubby is afraid i am going to be a bad influence on our lil one and teach him that its ok to take things from places. 
i mean come on...its like 2 dollars and ion top of that-they have the exact same cups for water and soda that are so strategically placed by the fountain machines...its like they are asking for this to happen every time.

so, this past weekend, we decide to visit this establishment and of course after i order, i am faced with that question i dread every time "would you like a drink?".
i look over at the selection, then the hubby, and then think do i really want to have this discussion again...so, i say "no" and order water which i really did want.
but, as i get up there, the diet coke with crushed ice was calling my name, and since my better half was eating his chili and watching the lil guy, i make my move!
i got the diet coke!!!

so, i go back and sit quietly at the table, start a convo and begin eating and acting like nothing is going on.
and then, thats when he looks at me and says "babe...really?!?"  i dont even have to ask "what", i already know he is pissed and says you know i hate it when you do that.
i explained that i just couldnt resist and i also changed my mind when i got up there.
then the fun convo begins...
is this what you want to teach our son? why cant you just pay for the drink? they dont owe you the drink just because you order food. do you go into the gas station and just take candy because you got gas? 
yes...the convo is the same every time.

after i lose the discussion AGAIN, his next response is "well, you need to up there and pay for it."
um...are you serious?!?
yep, he was not joking (dead serious). he really wanted me to go up and pay for the drink i took and explain to the cashier (who could really care less- in my opinion) that i changed my mind and would like to pay for the soda i took.

the dinner had ended and it was time for me to go and pay and of course i refuse to do so because i think its stupid and  i promise not to do it again.
the nice guy that he is, goes and pays.

ok...so lets be honest...how many people really do this? order water and get something else...is it really that big of a deal?
apparently, it is and next time i think i need to poll the other guests there to see if they do it too.
if so...favorite salad bad place- please get rid of the cups at the fountains and then make them a different color, so stealers like me are not torn between water and amazingly good soda!!!!