ity of the challenged practices" is still in dispute because "(t)he defendant is free to return to his old ways." Id. at 682, 78 S.Ct. at 897. See Allee v. Medrono, 416 U.S. 802, 810-11, 94 S.M. 2191, 2197-98, 40 L.Ed.2d 566 (1974); Waning a HeImerich & Pare, Ina, 823 U.S. 87, 43, 65 S.Ct. 11, 14, 89 LEd. 29