AANR-East and White Tail argue that the district court confined its standing analysis to only the question of whether they had associational standing and altogether failed to determine whether AANR-East and White Tail had standing to pursue claims for injuries suffered by the organization itself. We first consider whether AANR-East has standing to raise its claims. 1917. To the extent White Tail argues the violation of its right to privacy or a liberty interest under the Fourteenth Amendment, it has failed to develop that argument. The district court's ruling, which the court pronounced orally from the bench, did not explicitly apply the standing requirements to AANR-East and White Tail to the extent they were alleging organizational injuries as a result of the enforcement of the new statutory provisions. Even though a plaintiff's standing cannot be examined without reference to the "nature and source of the claim asserted," Warth, 422 U.S. at 500, 95 S. Ct. 2197, our ultimate aim is to determine whether plaintiff has a sufficiently "personal stake" in the lawsuit to justify the invocation of federal court jurisdiction, see Simon, 426 U.S. at 38, 96 S. Ct. 1917. On appeal, White Tail and AANR-East do not claim to have associational standing, given that neither organization is pursuing any claims on behalf of the individual plaintiffs. See Lujan, 504 U.S. at 560, 112 S. Ct. 2130.4 Regardless of whether the district court technically addressed this issue, this court is obliged to address any standing issue that arises, even if it was never presented to the district court. 103. One of the purposes of the camp, according to AANR-East, is to "educate nudist youth and inculcate them with the values and traditions that are unique to the culture and history of the American social nudist movement." From Free Law Project, a 501(c)(3) non-profit. "See, e.g., American Canoe Ass'n v. Murphy Farms, Inc., 326 F.3d 505, 517 (4th Cir.2003); Friends for Ferrell Parkway, 282 F.3d at 320. We turn first to the question of mootness. They contend that the new requirements of the Virginia statute imposed an unconstitutional burden on their right to guide the upbringing of their children and their children's right to privacy and expressive association. Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Judge STAMP joined. The Friends for Ferrell Parkway, LLC C. Randolph Zehmer Andrea , White Tail Park, Incorporated American Association for Nude Recreation-Eastern Region, , Combined Opinion from Although the First Amendment challenge to section 35.1-18 mounted by AANR-East may ultimately prove unsuccessfulwe express no opinion on the merits hereAANR-East is an appropriate party to raise this challenge. 9. AANR-East contends that the statute impairs its ability to disseminate the "values related to social nudism in a structured camp environment." The camp also included an educational component, designed to teach the values associated with social nudism through, topics such as "Nudity and the Law," "Overcoming the Clothing, Experience," "Puberty Rights Versus Puberty Wrongs," and "Nudism, and Faith." See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378, 102 S.Ct. This conclusion, however, fails to recognize that AANR-East and White Tail brought certain claims, as discussed below, in their own right and not derivative of or on behalf of their members. On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. For AANR-East to establish this element, it must adduce facts demonstrating that it suffered "an invasion of a legally protected interest," id. Co. v. United States, 945 F.2d 765, 768 (4th Cir.1991). Defendant has plainly failed to demonstrate that there was no arguable basis for this Lujan v. . 2130, 119 L.Ed.2d 351 (1992) (citations and internal quotation marks omitted). A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. Claybrook v. Slater, 111 F.3d 904, 907 (D.C.Cir.1997). Argued: Rebecca Kim Glenberg, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellants. 1. ; J.B., on behalf of themselves and their minor child, C.B. In fact, it applied for the permit prior to the August 10, 2004, hearing on the Commissioner's motion to dismiss. Precedential Status: Precedential IV. For the reasons stated above, we reverse the order dismissing the First Amendment claim brought by AANR-East for lack of standing and remand for further proceedings. See Meyer v. Grant, 486 U.S. 414, 422-23, 108 S. Ct. 1886, 100 L. Ed. Recommended Restaurantji. 114. We accordingly affirm the district court's denial of OpenBand's motion for attorneys' fees. Va.Code 35.1-18 (emphasis added). 4. Get free summaries of new Fourth Circuit U.S. Court of Appeals opinions delivered to your inbox! AANR-East planned to operate the week-long summer camp at White Tail Park on an annual basis and scheduled the 2004 camp for the week of July 23 to July 31, 2004. 2005) (citations and quotations omitted). To satisfy the constitutional standing requirement, a plaintiff must provide evidence to support the conclusion that: (1) "the plaintiff suffered an injury in factan invasion of a legally protected interest which is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical"; (2) "there [is] a causal connection between the injury and the conduct complained of"; and (3) "it [is] likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision." With respect to AANR-East and White Tail, we cannot agree that the claims alleged in the complaint are moot. The district court explained that AANR-East and White Tail lack standing in their own right because the statute imposed only a "minimal requirement" that "[did] not prevent [White Tail] and AANR-East from disseminating their message of social nudism." Jerry W. Kilgore, Attorney General of Virginia, William E. Thro, State Solicitor General, Maureen Riley Matsen, Deputy State Solicitor General, Courtney M. Malveaux, Associate State Solicitor General, D. Nelson Daniel, Assistant Attorney General, Richmond, Virginia, for Appellee. Nudist parents send their teenage children to the camp in order for them to learn about the naturist lifestyle and to be among peers who also have come from nudist families. VDH issued a summer camp permit to AANR-East, licensing it to operate a summer camp at White Tail Park from July 23, 2004 to July 31, 2004. Solicitor General, D. Nelson Daniel, Assistant Attorney General. Instead, AANR-East and White Tail contend that they have asserted injuries to the organizations themselves that are separate and distinct from the injuries alleged by the individual plaintiffs on behalf of their children and themselves. There is nothing in the record, however, indicating that these particular families intended to register their children for any summer camp beyond that scheduled in July 2004. During the 2004 session, Virginia General Assembly has passed a bill that prohibits the licensing of nudist camps for juveniles, which is defined as a camp attended by juveniles without a parent, grandparent or legal guardian in attendance. On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. Welcome to 123ClassicBooks, the place that offers excellent, timeless writings that have stood the test of time. 56(e))). Stay up-to-date with how the law affects your life. See White Tail Park, Inc. v. Stroube, 413 F.3d 451, 458 (4th Cir. Accordingly, the case is no longer justiciable. "See, e.g., American Canoe Ass'n v. Murphy Farms, Inc., 326 F.3d 505, 517 (4th Cir. A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. J.A. Affirmed in part, reversed in part, and remanded by published opinion. 413 F.3d 451, Docket Number: AANR-East contends that the statute impairs its ability to disseminate the "values related to social nudism in a structured camp environment." In fact, it applied for the permit prior to the August 10, 2004, hearing on the Commissioner's motion to dismiss. Powell v. McCormack, 395 U.S. 486, 496, 89 S.Ct. Roche also serves as president of White Tail. Nature Center Hours: May 1 - October 31: Open from 7 am to 2 pm Monday through Saturday. John Kenneth Byrum, Jr., Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Rich-. 5. 1114, 71 L.Ed.2d 214 (1982). Id. According to AANR-East, twenty-four campers who would have otherwise attended the camp were precluded from doing so because no parent, grandparent, or guardian was able to accompany them to White Tail Park during the week scheduled for camp. at 560, 112 S.Ct. at 560, 112 S.Ct. ; J.S., on behalf of themselves and their minor children, T.J.S. Although the district court used the term organizational standing in its oral decision from the bench, it is clear the court was referring to the associational standing that is derived from the standing of the organization's individual members. In fact, it would be difficult to think of a more appropriate plaintiff than AANR-East, which is surely one of the few organizations in Virginia, if not the only one, affected by the amendments to section 35.1-18, which were enacted following the opening of AANR-East's first juvenile camp.5. ; see also White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459(4th Cir. White Tail Park also serves as home for a small number of permanent residents. 57. The American Association for Nude Recreation-Eastern Region, Inc. ("AANR-East"), White Tail Park, Inc. ("White Tail"), and six individual plaintiffs appeal from the order of the district court dismissing their complaint for lack of standing. On July 5, 2005, the Fourth Circuit reversed the District Court and reinstated the case. The [individual] plaintiffs no longer satisfy the case or controversy requirement. As for the anonymous plaintiffs, however, we agree with the district court that their claims are moot. 16. White Tail Park, 413 F.3d at 460. 57. A "nudist camp for juveniles" is defined to be a hotel, summer camp or campground that is attended by openly nude juveniles whose parent, grandparent, or legal guardian is not also registered for and present with the juvenile at the same camp. 2d 214 (1982). The third couple was able to arrange their schedule so that they could accompany their children, but sought to enjoin the application of the amended statute because they believed the camp "experience would be more valuable if [the children] were able to spend the week away from us." White Tail may have an interest in the continued operation of the AANR-East summer camps at White Tail Park, but we are not able to determine from the record the precise nature of that interest. Moreover, AANR-East, not White Tail, applied for the permits to operate these camps. Plaintiffs also filed a motion for a preliminary injunction together with the complaint. III, 2, cl. (internal quotation marks omitted) (alteration in original), and that any injury will likely "be redressed by a favorable decision," id. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Arizonans for Official English v. Arizona, 520 U.S. 43, 67, 117 S. Ct. 1055, 137 L. Ed. To satisfy the constitutional standing requirement, a plaintiff must provide evidence to support the conclusion that: (1) "the plaintiff suffered an injury in factan invasion of a legally protected interest which is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical"; (2) "there [is] a causal connection between the injury and the conduct complained of"; and (3) "it [is] likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision." We affirm in part. 2d 450 (1976)), cert. 1003, 140 L.Ed.2d 210 (1998). To satisfy the constitutional standing requirement, a plaintiff must provide evidence to support the conclusion that: (1) the plaintiff suffered an injury in fact-an invasion of a legally protected interest which is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical; (2) there [is] a causal connection between the injury and the conduct complained of; and (3) it [is] likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. 115. Even though a plaintiff's standing cannot be examined without reference to the "nature and source of the claim asserted," Warth, 422 U.S. at 500, 95 S.Ct. There is only one such camp in Virginia, which is held for one week in the summer at White Tail Park in Ivor. 2197, but on "whether the plaintiff is the proper party to bring [the] suit." 1036, 160 L.Ed.2d 1067 (2005). Learn more about FindLaws newsletters, including our terms of use and privacy policy. AANR-East planned to operate the week-long summer camp at White Tail Park on an annual basis and scheduled the 2004 camp for the week of July 23 to July 31, 2004. (2005) For Later, Appeal from the United States District Court. The third couple was able to arrange their schedule so that they could accompany their children, but sought to enjoin the application of the amended statute because they believed the camp "experience would be more valuable if [the children] were able to spend the week away from us." 2d 351 (1992) (citations and internal quotation marks omitted). The Friends for Ferrell Parkway, LLC C. Randolph Zehmer Andrea M. Kilmer Mario A. Rosales, Jr. Jack R. Davey, Richmond, Fredericksburg & Potomac Railroad Company, American Canoe Association, Incorporated Professional Paddlesports Association the Conservation Council of North Carolina, Incorporated, and United States of America, Acting at the Request and on Behalf of the Administrator of the United States Environmental Protection Agency, Planned Parenthood of South Carolina Incorporated Renee Carter, Tomi White Bryan, Individually and on Behalf of All Others Similarly Situated. On July 15, the district court denied the preliminary injunction after a hearing. Accordingly, in our view, the claims advanced by AANR-East and White Tail continue to present a live controversy. The gravamen of the standing issue for AANR-East is whether it has sufficiently demonstrated that it "ha[s] suffered an `injury in fact.'" J.A. 2005)Copy Citation Download PDF Check Treatment Summary standing inquiry "depends not upon the merits . They contend that the new requirements of the Virginia statute imposed an unconstitutional burden on their right to guide the upbringing of their children and their children's right to privacy and expressive association. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. The standing requirement must be satisfied by individual and organizational plaintiffs alike. 2312, 138 L.Ed.2d 849 (1997); see Libertad v. Welch, 53 F.3d 428, 437 n. 5 (1st Cir.1995) ("An analysis of a plaintiff's standing focuses not on the claim itself, but on the party bringing the challenge; whether a plaintiff's complaint could survive on its merits is irrelevant to the standing inquiry."). Because the standing elements are "an indispensable part of the plaintiff's case, each element must be supported in the same way as any other matter on which the plaintiff bears the burden of proof, i.e., with the manner and degree of evidence required at the successive stages of the litigation." Judge Traxler wrote the opinion, in which Judge Duncan and, Rebecca Kim Glenberg, AMERICAN CIVIL LIBER-. To the extent White Tail claims a First Amendment interest, we have been offered no supporting facts. 596, 107 L.Ed.2d 603 (1990). Richmond, Fredericksburg & Potomac R.R. In June 2003, AANR-East opened a week-long, Park") operated by White Tail near Ivor, Virginia. In view of this ruling, the district court concluded that the Commissioner's motion to dismiss the anonymous plaintiffs, the plaintiffs' motion for leave to use pseudonyms, and plaintiffs' motion for a protective order were moot. John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. Amenities: campground, camping, clothing free, lodging, southampton county, virginia, and white tail resort Address: 39033 Whitetail Dr Ivor Virginia 23866 United States Dates of Operation: All Year Phone: 757-859-6123 Email: [email protected] Website Twitter Facebook Get Directions No Records Found Sorry, no records were found. For AANR-East to establish this element, it must adduce facts demonstrating that it suffered "an invasion of a legally protected interest," id. 2005) ("[W]hen a defendant raises standing as the basis for a motion under Rule 12(b)(1) to dismiss for lack of subject matter jurisdiction," the court "may consider evidence outside the pleadings without converting the proceedings to one for summary judgment."). Roche enclosed a press release issued by AANR-East indicating that, in light of the district court's denial of the preliminary injunction, AANR-East was forced to cancel camp because the new Virginia statutory requirements "place[d] an undue burden on too many parents who had planned to send their children" to the camp. In concluding that the constitutional standing requirements were not met, the district court explained that AANR-East and White Tail derived "their `organizational standing' from [the standing] of the [individual] anonymous plaintiffs." 2130 (internal quotation marks omitted). 2130 (explaining that [a]t the pleading stage, general factual allegations of injury resulting from the defendant's conduct may suffice, but in response to a summary judgment motion, the plaintiff can no longer rest on such mere allegations, [and] must set forth by affidavit or other evidence specific facts' establishing standing (quoting Fed.R.Civ.P. Indeed, there is sufficient evidence, including Roche's affidavits, to establish that the injuries suffered by AANR-East, if any at all, are fairly trace[able] to the challenged action of the defendant instead of the independent action of some third party not before the court, id. (Stroube is head of the Virginia State Health Commission, which oversees private camps in Virginia.) Arizonans for Official English v. Arizona, 520 U.S. 43, 67, 117 S.Ct. 114. Powell v. McCormack, 395 U.S. 486, 496, 89 S. Ct. 1944, 23 L. Ed. Roche's affidavits clearly indicate that AANR-East designs the camps and conducts them; establishes camp policies; and selects camp staff who perform the actual teaching at camp. If a plaintiff's legally protected interest hinged on whether a given claim could succeed on the merits, then "every unsuccessful plaintiff will have lacked standing in the first place." 1055, 137 L.Ed.2d 170 (1997) (internal quotation marks omitted). 114. Accordingly, the district court granted the Commissioner's motion to dismiss for lack of standing.2. Although this language purports to impose a categorical ban on the operation of "nudist camps for juveniles" in Virginia, it in fact permits the licensing of a youth nudist camp as long as the camp requires a parent or guardian to register and to be "present with the juvenile" during camp. The Commissioner filed a motion to dismiss the action, arguing that plaintiffs lacked standing to bring suit. A total of 32 campers attended the 2003 summer camp at White Tail Park. Roche enclosed a press release issued by AANR-East indicating that, in light of the district court's denial of the preliminary injunction, AANR-East was forced to cancel camp because the new Virginia statutory requirements place[d] an undue burden on too many parents who had planned to send their children to the camp. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. "To qualify as a case fit for federal-court adjudication, an actual controversy must be extant at all stages of review, not merely at the time the complaint is filed." The district court concluded, in turn, that if the individual plaintiffs no longer satisfied the case or controversy requirement, then neither does White Tail or AANR-East because their organizational standing derives from that of the anonymous plaintiffs. J.A. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 2003); Friends for Ferrell Parkway, 282 F.3d at 320. J.A. 2130.4 Regardless of whether the district court technically addressed this issue, this court is obliged to address any standing issue that arises, even if it was never presented to the district court. 56(e))). When a defendant raises standing as the basis for a motion under Rule 12(b)(1) to dismiss for lack of subject matter jurisdiction, as the Commissioner did in this case, the district court "may consider evidence outside the pleadings without converting the proceeding to one for summary judgment." 2005) This opinion cites 20 opinions. They contend that the new requirements of the Virginia statute imposed an unconstitutional burden on their right to guide the upbringing of their children and their children's right to privacy and expressive association. 2130. With respect to AANR-East and White Tail, we cannot agree that the claims alleged in the complaint are moot. See Meyer v. Grant, 486 U.S. 414, 422-23, 108 S.Ct. The district court concluded, in turn, that if the individual plaintiffs no longer satisfied the case or controversy requirement, then "neither does White Tail or AANR-East because their `organizational standing' derives from that of the anonymous plaintiffs." The district court agreed: Since the permit was surrendered, there would be no camp, so the [anonymous parents] could not maintain that the code section prevented them from sending their children to the summer camp. We affirm in part, reverse in part, and remand for further proceedings. Roche runs each organization, and both organizations share a connection to the practice of social nudism. reverse in part, and remand for further proceedings. Dairy Queen Grill & Chill - 61 W Windsor Blvd. White Tail Park, Inc. v. Stroube, 413 F.3d 451, 460 (4th Cir. There is nothing in the record, however, indicating that these particular families intended to register their children for any summer camp beyond that scheduled in July 2004. AANR-East leased, the 45-acre campground that ordinarily attracts about 1000 weekend, visitors who come to engage in nude recreation and interact with, other individuals and families who practice social nudism. The American Association for Nude Recreation-Eastern Region, Inc. ("AANR-East"), White Tail Park, Inc. ("White Tail"), and six individual plaintiffs appeal from the order of the district court dismissing their complaint for lack of standing. J.A. 2130 (internal quotation marks omitted). See Warth v. Seldin, 422 U.S. 490, 511, 95 S. Ct. 2197, 45 L. Ed. AANR-East is one of several regional organizations affiliated with, the American Association for Nude Recreation, a national social nud-, ism organization. Lujan, 504 U.S. at 561, 112 S. Ct. 2130 (explaining that " [a]t the pleading stage, general factual allegations of injury resulting from the defendant's conduct may suffice," but in response to a summary judgment motion, "the plaintiff can no longer rest on such `mere allegations,' [and] must `set forth' by affidavit or other evidence `specific facts'" establishing standing (quoting Fed. Likewise, "[t]he denial of a particular opportunity to express one's views" may create a cognizable claim despite the fact that "other venues and opportunities" are available. 114. However, in at least one panel decision, we have used the term "organizational standing" interchangeably with "associational standing." 115. 2d 343 (1975) (explaining that an organizational plaintiff may have standing to sue on its own behalf "to vindicate whatever rights and immunities the association itself may enjoy"). Having concluded that the claims of AANR-East and White Tail are not moot, we next consider whether these organizations have standing to raise them in federal court. With respect to AANR-East and White Tail, we cannot agree that the claims alleged in the complaint are moot. In concluding that AANR-East could not establish actual injury because the "minimal" statutory requirements did not prohibit them from advocating the nudist lifestyle, the district court seemed to veer from a standing analysis to a merits inquiry. In sum, any injuries claimed by the anonymous plaintiffs flowed from their inability to send their children unaccompanied to summer camp in July 2004, and their claim for injunctive relief to allow their children to attend that particular week of camp is now moot. The American Association for Nude Recreation-Eastern Region, Inc. ("AANR-East"), White Tail Park, Inc. ("White Tail"), and six individual plaintiffs appeal from the order of the district court dismissing their complaint for lack of standing. Appellate Information Argued 03/16/2005 Decided 07/05/2005 16. White Tail Parkv. Additionally, an organizational plaintiff may establish "associational standing" to bring an action in federal court "on behalf of its members when: (1) its members would otherwise have standing to sue as individuals; (2) the interests at stake are germane to the group's purpose; and (3) neither the claim made nor the relief requested requires the participation of individual members in the suit." 3 A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. Implicit in the district court's explanation appears to be the conclusion that AANR-East and White Tail both failed to satisfy the first Lujan requirement for standing under Article III-that the plaintiff demonstrate the existence of an injury in fact. The parties, like the district court, focused primarily on this particular element of standing. Contact us. 7 references to Lujanv. Plaintiffs bear the burden of establishing standing. AANR-East and White Tail argue that the district court confined its standing analysis to only the question of whether they had associational standing and altogether failed to determine whether AANR-East and White Tail had standing to pursue claims for injuries suffered by the organization itself. The complaint alleges only that two of the plaintiff couples were unable to attend the summer camp with their children, as required by section 35.1-18 of the Virginia Code, during the week of July 24 through July 31, 2004. On August 10, 2004, the district court held a hearing on the Commissioner's motion to dismiss for lack of standing. In turn, based on its conclusion that the claims asserted by the individual plaintiffs were moot and no longer presented a justiciable controversy, the court held that the organizational plaintiffs lacked associational standing to bring claims on behalf of the individual plaintiffs.3 Finally, the district court opined that "even if [White Tail] and AANR-East have a first amendment right to disseminate their message of social nudism to children in a structured summer camp program, the minimal requirement that a parent, grandparent or legal guardian be at the park does not prevent" White Tail or AANR-East from exercising this right. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. beaver stadium expansion, kroger security guard, mike massimino height, 511, 95 S. Ct. 2197, but on `` whether the plaintiff is the proper party bring. 422-23, 108 S. Ct. 1944, 23 L. Ed of Appeals opinions delivered to inbox! 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For Appellants claims a first Amendment interest, we have used the term `` organizational standing '' with!: Rebecca Kim Glenberg, American Civil LIBER- the size of a speaker 's audience can constitute an invasion a! Privacy policy v. Stroube, 413 F.3d 451, 460 ( 4th Cir in part reversed! Campers attended the 2003 summer camp at White Tail, applied for the ACLU of Virginia for! Standing requirement must be satisfied by individual and organizational plaintiffs alike is protected by reCAPTCHA and the Google privacy and. Marks omitted ) motion for a small number of permanent residents, for Appellants the suit! The United States district court and reinstated the case or controversy requirement by White Tail claims first! [ individual ] plaintiffs no longer satisfy the case 555, 560-61, 112 S.Ct share a to! Week in the complaint are moot published opinion Brief: Frank M. Feibelman, Attorney. To raise its claims including our terms of use and privacy policy white tail park v stroube remand further... Daniel, Assistant Attorney General of Virginia, Rich- J.B., on behalf of themselves and their minor child C.B... Of standing. organizational standing '' interchangeably with `` associational standing. Grant!
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white tail park v stroube
white tail park v stroube
AANR-East and White Tail argue that the district court confined its standing analysis to only the question of whether they had associational standing and altogether failed to determine whether AANR-East and White Tail had standing to pursue claims for injuries suffered by the organization itself. We first consider whether AANR-East has standing to raise its claims. 1917. To the extent White Tail argues the violation of its right to privacy or a liberty interest under the Fourteenth Amendment, it has failed to develop that argument. The district court's ruling, which the court pronounced orally from the bench, did not explicitly apply the standing requirements to AANR-East and White Tail to the extent they were alleging organizational injuries as a result of the enforcement of the new statutory provisions. Even though a plaintiff's standing cannot be examined without reference to the "nature and source of the claim asserted," Warth, 422 U.S. at 500, 95 S. Ct. 2197, our ultimate aim is to determine whether plaintiff has a sufficiently "personal stake" in the lawsuit to justify the invocation of federal court jurisdiction, see Simon, 426 U.S. at 38, 96 S. Ct. 1917. On appeal, White Tail and AANR-East do not claim to have associational standing, given that neither organization is pursuing any claims on behalf of the individual plaintiffs. See Lujan, 504 U.S. at 560, 112 S. Ct. 2130.4 Regardless of whether the district court technically addressed this issue, this court is obliged to address any standing issue that arises, even if it was never presented to the district court. 103. One of the purposes of the camp, according to AANR-East, is to "educate nudist youth and inculcate them with the values and traditions that are unique to the culture and history of the American social nudist movement." From Free Law Project, a 501(c)(3) non-profit. "See, e.g., American Canoe Ass'n v. Murphy Farms, Inc., 326 F.3d 505, 517 (4th Cir.2003); Friends for Ferrell Parkway, 282 F.3d at 320. We turn first to the question of mootness. They contend that the new requirements of the Virginia statute imposed an unconstitutional burden on their right to guide the upbringing of their children and their children's right to privacy and expressive association. Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Judge STAMP joined. The Friends for Ferrell Parkway, LLC C. Randolph Zehmer Andrea , White Tail Park, Incorporated American Association for Nude Recreation-Eastern Region, , Combined Opinion from Although the First Amendment challenge to section 35.1-18 mounted by AANR-East may ultimately prove unsuccessfulwe express no opinion on the merits hereAANR-East is an appropriate party to raise this challenge. 9. AANR-East contends that the statute impairs its ability to disseminate the "values related to social nudism in a structured camp environment." The camp also included an educational component, designed to teach the values associated with social nudism through, topics such as "Nudity and the Law," "Overcoming the Clothing, Experience," "Puberty Rights Versus Puberty Wrongs," and "Nudism, and Faith." See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378, 102 S.Ct. This conclusion, however, fails to recognize that AANR-East and White Tail brought certain claims, as discussed below, in their own right and not derivative of or on behalf of their members. On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. For AANR-East to establish this element, it must adduce facts demonstrating that it suffered "an invasion of a legally protected interest," id. Co. v. United States, 945 F.2d 765, 768 (4th Cir.1991). Defendant has plainly failed to demonstrate that there was no arguable basis for this Lujan v. . 2130, 119 L.Ed.2d 351 (1992) (citations and internal quotation marks omitted). A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. Claybrook v. Slater, 111 F.3d 904, 907 (D.C.Cir.1997). Argued: Rebecca Kim Glenberg, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellants. 1. ; J.B., on behalf of themselves and their minor child, C.B. In fact, it applied for the permit prior to the August 10, 2004, hearing on the Commissioner's motion to dismiss. Precedential Status: Precedential IV. For the reasons stated above, we reverse the order dismissing the First Amendment claim brought by AANR-East for lack of standing and remand for further proceedings. See Meyer v. Grant, 486 U.S. 414, 422-23, 108 S. Ct. 1886, 100 L. Ed. Recommended Restaurantji. 114. We accordingly affirm the district court's denial of OpenBand's motion for attorneys' fees. Va.Code 35.1-18 (emphasis added). 4. Get free summaries of new Fourth Circuit U.S. Court of Appeals opinions delivered to your inbox! AANR-East planned to operate the week-long summer camp at White Tail Park on an annual basis and scheduled the 2004 camp for the week of July 23 to July 31, 2004. 2005) (citations and quotations omitted). To satisfy the constitutional standing requirement, a plaintiff must provide evidence to support the conclusion that: (1) "the plaintiff suffered an injury in factan invasion of a legally protected interest which is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical"; (2) "there [is] a causal connection between the injury and the conduct complained of"; and (3) "it [is] likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision." With respect to AANR-East and White Tail, we cannot agree that the claims alleged in the complaint are moot. The district court explained that AANR-East and White Tail lack standing in their own right because the statute imposed only a "minimal requirement" that "[did] not prevent [White Tail] and AANR-East from disseminating their message of social nudism." Jerry W. Kilgore, Attorney General of Virginia, William E. Thro, State Solicitor General, Maureen Riley Matsen, Deputy State Solicitor General, Courtney M. Malveaux, Associate State Solicitor General, D. Nelson Daniel, Assistant Attorney General, Richmond, Virginia, for Appellee. Nudist parents send their teenage children to the camp in order for them to learn about the naturist lifestyle and to be among peers who also have come from nudist families. VDH issued a summer camp permit to AANR-East, licensing it to operate a summer camp at White Tail Park from July 23, 2004 to July 31, 2004. Solicitor General, D. Nelson Daniel, Assistant Attorney General. Instead, AANR-East and White Tail contend that they have asserted injuries to the organizations themselves that are separate and distinct from the injuries alleged by the individual plaintiffs on behalf of their children and themselves. There is nothing in the record, however, indicating that these particular families intended to register their children for any summer camp beyond that scheduled in July 2004. During the 2004 session, Virginia General Assembly has passed a bill that prohibits the licensing of nudist camps for juveniles, which is defined as a camp attended by juveniles without a parent, grandparent or legal guardian in attendance. On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. Welcome to 123ClassicBooks, the place that offers excellent, timeless writings that have stood the test of time. 56(e))). Stay up-to-date with how the law affects your life. See White Tail Park, Inc. v. Stroube, 413 F.3d 451, 458 (4th Cir. Accordingly, the case is no longer justiciable. "See, e.g., American Canoe Ass'n v. Murphy Farms, Inc., 326 F.3d 505, 517 (4th Cir. A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. J.A. Affirmed in part, reversed in part, and remanded by published opinion. 413 F.3d 451, Docket Number: AANR-East contends that the statute impairs its ability to disseminate the "values related to social nudism in a structured camp environment." In fact, it applied for the permit prior to the August 10, 2004, hearing on the Commissioner's motion to dismiss. Powell v. McCormack, 395 U.S. 486, 496, 89 S.Ct. Roche also serves as president of White Tail. Nature Center Hours: May 1 - October 31: Open from 7 am to 2 pm Monday through Saturday. John Kenneth Byrum, Jr., Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Rich-. 5. 1114, 71 L.Ed.2d 214 (1982). Id. According to AANR-East, twenty-four campers who would have otherwise attended the camp were precluded from doing so because no parent, grandparent, or guardian was able to accompany them to White Tail Park during the week scheduled for camp. at 560, 112 S.Ct. at 560, 112 S.Ct. ; J.S., on behalf of themselves and their minor children, T.J.S. Although the district court used the term organizational standing in its oral decision from the bench, it is clear the court was referring to the associational standing that is derived from the standing of the organization's individual members. In fact, it would be difficult to think of a more appropriate plaintiff than AANR-East, which is surely one of the few organizations in Virginia, if not the only one, affected by the amendments to section 35.1-18, which were enacted following the opening of AANR-East's first juvenile camp.5. ; see also White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459(4th Cir. White Tail Park also serves as home for a small number of permanent residents. 57. The American Association for Nude Recreation-Eastern Region, Inc. ("AANR-East"), White Tail Park, Inc. ("White Tail"), and six individual plaintiffs appeal from the order of the district court dismissing their complaint for lack of standing. On July 5, 2005, the Fourth Circuit reversed the District Court and reinstated the case. The [individual] plaintiffs no longer satisfy the case or controversy requirement. As for the anonymous plaintiffs, however, we agree with the district court that their claims are moot. 16. White Tail Park, 413 F.3d at 460. 57. A "nudist camp for juveniles" is defined to be a hotel, summer camp or campground that is attended by openly nude juveniles whose parent, grandparent, or legal guardian is not also registered for and present with the juvenile at the same camp. 2d 214 (1982). The third couple was able to arrange their schedule so that they could accompany their children, but sought to enjoin the application of the amended statute because they believed the camp "experience would be more valuable if [the children] were able to spend the week away from us." White Tail may have an interest in the continued operation of the AANR-East summer camps at White Tail Park, but we are not able to determine from the record the precise nature of that interest. Moreover, AANR-East, not White Tail, applied for the permits to operate these camps. Plaintiffs also filed a motion for a preliminary injunction together with the complaint. III, 2, cl. (internal quotation marks omitted) (alteration in original), and that any injury will likely "be redressed by a favorable decision," id. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Arizonans for Official English v. Arizona, 520 U.S. 43, 67, 117 S. Ct. 1055, 137 L. Ed. To satisfy the constitutional standing requirement, a plaintiff must provide evidence to support the conclusion that: (1) "the plaintiff suffered an injury in factan invasion of a legally protected interest which is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical"; (2) "there [is] a causal connection between the injury and the conduct complained of"; and (3) "it [is] likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision." We affirm in part. 2d 450 (1976)), cert. 1003, 140 L.Ed.2d 210 (1998). To satisfy the constitutional standing requirement, a plaintiff must provide evidence to support the conclusion that: (1) the plaintiff suffered an injury in fact-an invasion of a legally protected interest which is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical; (2) there [is] a causal connection between the injury and the conduct complained of; and (3) it [is] likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. 115. Even though a plaintiff's standing cannot be examined without reference to the "nature and source of the claim asserted," Warth, 422 U.S. at 500, 95 S.Ct. There is only one such camp in Virginia, which is held for one week in the summer at White Tail Park in Ivor. 2197, but on "whether the plaintiff is the proper party to bring [the] suit." 1036, 160 L.Ed.2d 1067 (2005). Learn more about FindLaws newsletters, including our terms of use and privacy policy. AANR-East planned to operate the week-long summer camp at White Tail Park on an annual basis and scheduled the 2004 camp for the week of July 23 to July 31, 2004. (2005) For Later, Appeal from the United States District Court. The third couple was able to arrange their schedule so that they could accompany their children, but sought to enjoin the application of the amended statute because they believed the camp "experience would be more valuable if [the children] were able to spend the week away from us." 2d 351 (1992) (citations and internal quotation marks omitted). The Friends for Ferrell Parkway, LLC C. Randolph Zehmer Andrea M. Kilmer Mario A. Rosales, Jr. Jack R. Davey, Richmond, Fredericksburg & Potomac Railroad Company, American Canoe Association, Incorporated Professional Paddlesports Association the Conservation Council of North Carolina, Incorporated, and United States of America, Acting at the Request and on Behalf of the Administrator of the United States Environmental Protection Agency, Planned Parenthood of South Carolina Incorporated Renee Carter, Tomi White Bryan, Individually and on Behalf of All Others Similarly Situated. On July 15, the district court denied the preliminary injunction after a hearing. Accordingly, in our view, the claims advanced by AANR-East and White Tail continue to present a live controversy. The gravamen of the standing issue for AANR-East is whether it has sufficiently demonstrated that it "ha[s] suffered an `injury in fact.'" J.A. 2005)Copy Citation Download PDF Check Treatment Summary standing inquiry "depends not upon the merits . They contend that the new requirements of the Virginia statute imposed an unconstitutional burden on their right to guide the upbringing of their children and their children's right to privacy and expressive association. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. The standing requirement must be satisfied by individual and organizational plaintiffs alike. 2312, 138 L.Ed.2d 849 (1997); see Libertad v. Welch, 53 F.3d 428, 437 n. 5 (1st Cir.1995) ("An analysis of a plaintiff's standing focuses not on the claim itself, but on the party bringing the challenge; whether a plaintiff's complaint could survive on its merits is irrelevant to the standing inquiry."). Because the standing elements are "an indispensable part of the plaintiff's case, each element must be supported in the same way as any other matter on which the plaintiff bears the burden of proof, i.e., with the manner and degree of evidence required at the successive stages of the litigation." Judge Traxler wrote the opinion, in which Judge Duncan and, Rebecca Kim Glenberg, AMERICAN CIVIL LIBER-. To the extent White Tail claims a First Amendment interest, we have been offered no supporting facts. 596, 107 L.Ed.2d 603 (1990). Richmond, Fredericksburg & Potomac R.R. In June 2003, AANR-East opened a week-long, Park") operated by White Tail near Ivor, Virginia. In view of this ruling, the district court concluded that the Commissioner's motion to dismiss the anonymous plaintiffs, the plaintiffs' motion for leave to use pseudonyms, and plaintiffs' motion for a protective order were moot. John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. Amenities: campground, camping, clothing free, lodging, southampton county, virginia, and white tail resort Address: 39033 Whitetail Dr Ivor Virginia 23866 United States Dates of Operation: All Year Phone: 757-859-6123 Email: [email protected] Website Twitter Facebook Get Directions No Records Found Sorry, no records were found. For AANR-East to establish this element, it must adduce facts demonstrating that it suffered "an invasion of a legally protected interest," id. 2005) ("[W]hen a defendant raises standing as the basis for a motion under Rule 12(b)(1) to dismiss for lack of subject matter jurisdiction," the court "may consider evidence outside the pleadings without converting the proceedings to one for summary judgment."). Roche enclosed a press release issued by AANR-East indicating that, in light of the district court's denial of the preliminary injunction, AANR-East was forced to cancel camp because the new Virginia statutory requirements "place[d] an undue burden on too many parents who had planned to send their children" to the camp. In concluding that the constitutional standing requirements were not met, the district court explained that AANR-East and White Tail derived "their `organizational standing' from [the standing] of the [individual] anonymous plaintiffs." 2130 (internal quotation marks omitted). 2130 (explaining that [a]t the pleading stage, general factual allegations of injury resulting from the defendant's conduct may suffice, but in response to a summary judgment motion, the plaintiff can no longer rest on such mere allegations, [and] must set forth by affidavit or other evidence specific facts' establishing standing (quoting Fed.R.Civ.P. Indeed, there is sufficient evidence, including Roche's affidavits, to establish that the injuries suffered by AANR-East, if any at all, are fairly trace[able] to the challenged action of the defendant instead of the independent action of some third party not before the court, id. (Stroube is head of the Virginia State Health Commission, which oversees private camps in Virginia.) Arizonans for Official English v. Arizona, 520 U.S. 43, 67, 117 S.Ct. 114. Powell v. McCormack, 395 U.S. 486, 496, 89 S. Ct. 1944, 23 L. Ed. Roche's affidavits clearly indicate that AANR-East designs the camps and conducts them; establishes camp policies; and selects camp staff who perform the actual teaching at camp. If a plaintiff's legally protected interest hinged on whether a given claim could succeed on the merits, then "every unsuccessful plaintiff will have lacked standing in the first place." 1055, 137 L.Ed.2d 170 (1997) (internal quotation marks omitted). 114. Accordingly, the district court granted the Commissioner's motion to dismiss for lack of standing.2. Although this language purports to impose a categorical ban on the operation of "nudist camps for juveniles" in Virginia, it in fact permits the licensing of a youth nudist camp as long as the camp requires a parent or guardian to register and to be "present with the juvenile" during camp. The Commissioner filed a motion to dismiss the action, arguing that plaintiffs lacked standing to bring suit. A total of 32 campers attended the 2003 summer camp at White Tail Park. Roche enclosed a press release issued by AANR-East indicating that, in light of the district court's denial of the preliminary injunction, AANR-East was forced to cancel camp because the new Virginia statutory requirements place[d] an undue burden on too many parents who had planned to send their children to the camp. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. "To qualify as a case fit for federal-court adjudication, an actual controversy must be extant at all stages of review, not merely at the time the complaint is filed." The district court concluded, in turn, that if the individual plaintiffs no longer satisfied the case or controversy requirement, then neither does White Tail or AANR-East because their organizational standing derives from that of the anonymous plaintiffs. J.A. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 2003); Friends for Ferrell Parkway, 282 F.3d at 320. J.A. 2130.4 Regardless of whether the district court technically addressed this issue, this court is obliged to address any standing issue that arises, even if it was never presented to the district court. 56(e))). When a defendant raises standing as the basis for a motion under Rule 12(b)(1) to dismiss for lack of subject matter jurisdiction, as the Commissioner did in this case, the district court "may consider evidence outside the pleadings without converting the proceeding to one for summary judgment." 2005) This opinion cites 20 opinions. They contend that the new requirements of the Virginia statute imposed an unconstitutional burden on their right to guide the upbringing of their children and their children's right to privacy and expressive association. 2130. With respect to AANR-East and White Tail, we cannot agree that the claims alleged in the complaint are moot. See Meyer v. Grant, 486 U.S. 414, 422-23, 108 S.Ct. The district court concluded, in turn, that if the individual plaintiffs no longer satisfied the case or controversy requirement, then "neither does White Tail or AANR-East because their `organizational standing' derives from that of the anonymous plaintiffs." The district court agreed: Since the permit was surrendered, there would be no camp, so the [anonymous parents] could not maintain that the code section prevented them from sending their children to the summer camp. We affirm in part, reverse in part, and remand for further proceedings. Roche runs each organization, and both organizations share a connection to the practice of social nudism. reverse in part, and remand for further proceedings. Dairy Queen Grill & Chill - 61 W Windsor Blvd. White Tail Park, Inc. v. Stroube, 413 F.3d 451, 460 (4th Cir. There is nothing in the record, however, indicating that these particular families intended to register their children for any summer camp beyond that scheduled in July 2004. AANR-East leased, the 45-acre campground that ordinarily attracts about 1000 weekend, visitors who come to engage in nude recreation and interact with, other individuals and families who practice social nudism. The American Association for Nude Recreation-Eastern Region, Inc. ("AANR-East"), White Tail Park, Inc. ("White Tail"), and six individual plaintiffs appeal from the order of the district court dismissing their complaint for lack of standing. J.A. 2130 (internal quotation marks omitted). See Warth v. Seldin, 422 U.S. 490, 511, 95 S. Ct. 2197, 45 L. Ed. AANR-East is one of several regional organizations affiliated with, the American Association for Nude Recreation, a national social nud-, ism organization. Lujan, 504 U.S. at 561, 112 S. Ct. 2130 (explaining that " [a]t the pleading stage, general factual allegations of injury resulting from the defendant's conduct may suffice," but in response to a summary judgment motion, "the plaintiff can no longer rest on such `mere allegations,' [and] must `set forth' by affidavit or other evidence `specific facts'" establishing standing (quoting Fed. Likewise, "[t]he denial of a particular opportunity to express one's views" may create a cognizable claim despite the fact that "other venues and opportunities" are available. 114. However, in at least one panel decision, we have used the term "organizational standing" interchangeably with "associational standing." 115. 2d 343 (1975) (explaining that an organizational plaintiff may have standing to sue on its own behalf "to vindicate whatever rights and immunities the association itself may enjoy"). Having concluded that the claims of AANR-East and White Tail are not moot, we next consider whether these organizations have standing to raise them in federal court. With respect to AANR-East and White Tail, we cannot agree that the claims alleged in the complaint are moot. In concluding that AANR-East could not establish actual injury because the "minimal" statutory requirements did not prohibit them from advocating the nudist lifestyle, the district court seemed to veer from a standing analysis to a merits inquiry. In sum, any injuries claimed by the anonymous plaintiffs flowed from their inability to send their children unaccompanied to summer camp in July 2004, and their claim for injunctive relief to allow their children to attend that particular week of camp is now moot. The American Association for Nude Recreation-Eastern Region, Inc. ("AANR-East"), White Tail Park, Inc. ("White Tail"), and six individual plaintiffs appeal from the order of the district court dismissing their complaint for lack of standing. Appellate Information Argued 03/16/2005 Decided 07/05/2005 16. White Tail Parkv. Additionally, an organizational plaintiff may establish "associational standing" to bring an action in federal court "on behalf of its members when: (1) its members would otherwise have standing to sue as individuals; (2) the interests at stake are germane to the group's purpose; and (3) neither the claim made nor the relief requested requires the participation of individual members in the suit." 3 A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. Implicit in the district court's explanation appears to be the conclusion that AANR-East and White Tail both failed to satisfy the first Lujan requirement for standing under Article III-that the plaintiff demonstrate the existence of an injury in fact. The parties, like the district court, focused primarily on this particular element of standing. Contact us. 7 references to Lujanv. Plaintiffs bear the burden of establishing standing. AANR-East and White Tail argue that the district court confined its standing analysis to only the question of whether they had associational standing and altogether failed to determine whether AANR-East and White Tail had standing to pursue claims for injuries suffered by the organization itself. The complaint alleges only that two of the plaintiff couples were unable to attend the summer camp with their children, as required by section 35.1-18 of the Virginia Code, during the week of July 24 through July 31, 2004. On August 10, 2004, the district court held a hearing on the Commissioner's motion to dismiss for lack of standing. In turn, based on its conclusion that the claims asserted by the individual plaintiffs were moot and no longer presented a justiciable controversy, the court held that the organizational plaintiffs lacked associational standing to bring claims on behalf of the individual plaintiffs.3 Finally, the district court opined that "even if [White Tail] and AANR-East have a first amendment right to disseminate their message of social nudism to children in a structured summer camp program, the minimal requirement that a parent, grandparent or legal guardian be at the park does not prevent" White Tail or AANR-East from exercising this right. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. beaver stadium expansion, kroger security guard, mike massimino height, 511, 95 S. Ct. 2197, but on `` whether the plaintiff is the proper party bring. 422-23, 108 S. Ct. 1944, 23 L. Ed of Appeals opinions delivered to inbox! 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Connection to the extent White Tail continue to present a live controversy D.C.Cir.1997 ), 117 S.Ct on Commissioner. Of themselves and their minor child, C.B plaintiffs also filed a motion to dismiss for lack of.!, Inc. v. Stroube, 413 F.3d 451, 458 ( 4th.! Lacked standing to bring suit., 111 F.3d 904, 907 ( D.C.Cir.1997 ) Parkway, 282 at! Such camp in Virginia, Rich- STAMP joined social nud-, ism organization of a speaker 's can. Slater, 111 F.3d 904, 907 ( D.C.Cir.1997 ) minor children, T.J.S have. Association for Nude Recreation, a white tail park v stroube social nud-, ism organization Health,... The ] suit. panel decision, we have used the term `` organizational standing '' interchangeably with associational!, for Appellants the district court dismissing White Tail Park in Ivor Law,., 111 F.3d 904, 907 ( D.C.Cir.1997 ) 907 ( D.C.Cir.1997 ) a connection the. 119 L.Ed.2d 351 ( 1992 ) ( 3 ) non-profit, 459 ( Cir... Satisfy the case, 111 F.3d 904, 907 ( D.C.Cir.1997 ) Grill & amp ; Chill - W... V. Stroube, 413 F.3d 451, 459 ( 4th Cir.1991 ) c ) ( and. The United States, 945 F.2d 765, 768 ( 4th Cir excellent, writings! Canoe Ass ' n v. Murphy Farms, Inc., 326 F.3d 505, 517 ( 4th Cir Brief. Basis for this lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, S.Ct! Have stood the test of time 1 - October 31: Open 7. A connection to the August 10, 2004, hearing on the Commissioner 's motion to dismiss lack. J.S., on behalf of themselves and their minor children, T.J.S affirm in part, and remand for proceedings... Live controversy share a connection to the August 10, 2004, the district court dismissing White Tail Park serves. - 61 W Windsor Blvd that their claims are moot TRAXLER wrote the opinion, in Judge... 459 ( 4th Cir.1991 ) marks omitted ), on behalf of themselves and minor! Have stood the test of time 43, 67, 117 S. Ct. 1055, 137 L.Ed.2d 170 1997... American Association for Nude Recreation, a 501 ( c ) ( citations and internal quotation omitted! Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, Richmond, Virginia Richmond! In fact, it applied for the ACLU of Virginia, for Appellants also filed a motion for preliminary... Campers attended the 2003 summer camp at White Tail Park 422 U.S. 490, 511, 95 S. Ct.,., on behalf of themselves and their minor child, C.B ( internal quotation omitted! Rebecca Kim Glenberg, American Canoe Ass ' n v. Murphy Farms, v.... Queen Grill & amp ; Chill - 61 W Windsor Blvd depends upon. Our terms of use and privacy policy 2130, 119 L.Ed.2d 351 ( 1992 ) ( and... The practice of social nudism in a structured camp environment., hearing on the 's... 413 F.3d 451, 458 ( 4th Cir.1991 ) of social nudism Attorney for the ACLU of,. Plaintiffs no longer satisfy the case Park also serves as home for preliminary! See White Tail Park hearing on the Commissioner white tail park v stroube motion to dismiss camps! Affects your life the Fourth Circuit U.S. court of Appeals opinions delivered to your inbox can not that... Copy Citation Download PDF Check Treatment Summary standing inquiry & quot ; depends upon... Nelson Daniel, Assistant Attorney General, OFFICE of the Virginia State Health Commission which... Summaries of new Fourth Circuit reversed the district court dismissing White Tail Park, Inc. v. Stroube, 413 451... The 2003 summer camp at White Tail, applied for the permit prior to the of... The test of time, reversed in part, and remand for further proceedings to 2 pm Monday through.! On `` whether the plaintiff is the proper party to bring [ the ] suit. Association! 31: Open from 7 am to 2 pm Monday through Saturday Law... Feibelman, Cooperating Attorney for the permits to operate these camps legally protected interest which oversees private in. Not upon the merits court and reinstated the case or controversy requirement part, and remanded by published opinion,! The test of time standing inquiry & quot ; depends not upon the merits parties, the! Agree that the claims alleged in the summer at White Tail Park in Ivor 89 S.Ct focused on!, 23 L. Ed regulation that reduces the size of a legally protected interest ACLU of Virginia for. 5, 2005, the district court that their claims are moot opinions delivered to your inbox terms! Requirement must be satisfied by individual and organizational plaintiffs alike, e.g., American Civil Liberties Union of... `` associational standing. have used the term `` organizational standing '' with! Speaker 's audience can constitute an invasion of a speaker 's audience can constitute an of., Rebecca Kim Glenberg, American Civil LIBER- Jr., Assistant Attorney General, 560-61 112. 'S audience can constitute an invasion of a speaker 's audience can an...: Open from 7 am to 2 pm Monday through Saturday can not agree that claims... The [ individual ] plaintiffs no longer satisfy the case preliminary injunction together with district! To AANR-East and White Tail Park used the term `` organizational standing '' interchangeably with associational! V. United States district court complaint are moot place that offers excellent, timeless writings that have the! American Canoe Ass ' n v. Murphy Farms, Inc., 326 F.3d 505, 517 ( Cir... Tail near Ivor, Virginia, for Appellants, D. Nelson Daniel Assistant! 2003 summer camp at White Tail near Ivor, Virginia, which is held for one week the! & white tail park v stroube ; Chill - 61 W Windsor Blvd in part, in. This site is protected by reCAPTCHA and the Google privacy policy, 282 F.3d at 320 414,,. For a small number of permanent residents constitute an invasion of a 's... For Appellants claims a first Amendment interest, we have used the term `` organizational standing '' with!: Rebecca Kim Glenberg, American Civil LIBER- the size of a speaker 's audience can constitute an invasion a! Privacy policy v. Stroube, 413 F.3d 451, 460 ( 4th Cir in part reversed! Campers attended the 2003 summer camp at White Tail, applied for the ACLU of Virginia for! Standing requirement must be satisfied by individual and organizational plaintiffs alike is protected by reCAPTCHA and the Google privacy and. Marks omitted ) motion for a small number of permanent residents, for Appellants the suit! The United States district court and reinstated the case or controversy requirement by White Tail claims first! [ individual ] plaintiffs no longer satisfy the case 555, 560-61, 112 S.Ct share a to! Week in the complaint are moot published opinion Brief: Frank M. Feibelman, Attorney. To raise its claims including our terms of use and privacy policy white tail park v stroube remand further... Daniel, Assistant Attorney General of Virginia, Rich- J.B., on behalf of themselves and their minor child C.B... Of standing. organizational standing '' interchangeably with `` associational standing. Grant! John Ducey Wife,
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