That's the ruling Monday from a federal appeals court, which was asked to stop the city from licensing tour guides in Philadelphia's historic area.
The plan is designed to ensure tourists are getting the straight story on the nation's birthplace.
The three tour guides who filed suit say they could ace such a test. But they say they shouldn't have to, under the First Amendment.
The 3rd U.S. Circuit Court says a judge was correct to dismiss the suit as moot until the city acts on the plan.
The city says the test hasn't even been drafted.