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In response to the forced closing of its temple in Higdonville, Florida, the International Society for Krishna Consciousness, (ISKCON), applies for a permit to hold a protest march through the town’s downtown commercial district.  At first, the Sheriff’s office denies the permit, openly mocking the Krishnas, but decides to grant the permit since he believes it will be small and entertaining to the town residents. The sheriff assigns only a few officers to provide police protection. However, after the event is publicized on social media, a large and enthusiastic group of counter-demonstrators comes to town.  During the march, long-haired Bobby Smith is on his way to Starbucks, located downtown. As he is walking, a group of rowdy white Supremacists hears him singing softly to himself and mistakes it for a Hare Krishna chant. They attack

him and beat him severely.  He sues the Higdonville sheriff’s office, accusing it of failing to provide adequate police protection at the Hare Krishna’s demonstration due to religious prejudice.

The sheriff seeks dismissal of Smith’s lawsuit, arguing that Bobby Smith was not a member of the Hare Krishna group and therefore lacks legal standing to rely on any alleged violation of that group’s equal protection rights.

Should the Judge rule for the Sheriff and dismiss the lawsuit or deny the Sheriff’s motion and allow the lawsuit to proceed? Why?