1	671, 686 (9th Cir. 1996) (Kleinfeld, J. dissenting), maj. opn. reversed on other grounds, 524 U.S.
2	569, 118S.Ct.2168 (1998).
3	Defendant argues that plaintiff could have turned off his television in order to
4	avoid being subjected to the prayer. However, "[i]n evaluating standing, the Supreme Court lias
5	never required that Establishment Clause plaintiffs take affirmative steps to avoid contact with
6	challenged displays or religious exercises." Suhre v. Haywood County, 131 F.3d 1083, 1086 (4th
7	Cir. 1987). For example, the student plaintiffs in School District ofAbington v. Schempp. 374
8	U.S. 203, 83 S. Ct. 1560 (1963) who challenged a school Bible reading, had the option to leave
9	the classroom during the reading. They chose not to assume this burden, and the Supreme Court
10	still found that they had standing to challenge this practice. Schempp. 374 U.S. at 224 n. 9, 83 S.
11	Ct. at 1572-73. Accordingly, defendant's argument that plaintiff lacks standing because he could
12	have avoided contact with the inauguration by turning off his television is without merit.
'J3	Defendant also argues that where a party seeks injunctive relief, establishing
14	standing includes demonstrating a real and immediate threat of irreparable injury. Cole v.
15	Oroville Union High School Dist. 228 F.3d 1092, 1100 (9th Cir. 2000). Defendant argues that
16	plaintiff has failed to show that he is in danger of suffering immediate, irreparable harm.
17	In Cole. the plaintiffs alleged that the Oroville Union High School District
18	violated their freedom of speech by refusing to allow plaintiff Niemeyer to give a sectarian,
19	proselytizing valedictory speech and plaintiff Cole to give a sectarian invocation at their
20	graduation. The Ninth Circuit concluded that the other parties wlio were added to the students'
21	lawsuit—Chris Niemeyer's brother, Jason, and various Oroville students, parents, and
22	others—lacked standing, in part, because the likelihood of their being selected to speak at a
23	graduation or their attending a future graduation where some student speaker would attempt to
24	offer sectarian speech or invocation was too speculative to satisfy the injury in fact requirement
25	of Article III. 228 F.3d at 1100.
	In the instant case, as will be discussed infra, the reading of an inaugural prayer is
	6'