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A city enacted a Good Neighbor Shuttle program for private shuttle companies that use curb lanes outside a city-owned civic center. The program required each shuttle to display a small window decal listing a city phone number for traffic, safety, and noise complaints. A national association of shuttle companies, including companies owned by Lydia, Barnabas, and Timothy, sued the city in federal court, arguing that the program was unfair and unconstitutional. The city agreed not to enforce the decal rule while that litigation was pending, and the rule was ultimately upheld. After the rule was upheld, the association filed a new suit to stop the city from penalizing companies for failing to display the decals while the earlier litigation was pending. The city has not imposed any such penalties. The city moved to dismiss the new claim. How should the court rule?