57. 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. 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 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." 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. 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." All rights reserved. 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. 115. Thus, "the scope of a court's authority under Rule 60(a) to make . 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. See Warth v. Seldin, 422 U.S. 490, 511, 95 S. Ct. 2197, 45 L. Ed. John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. The Commissioner filed a motion to dismiss the action, arguing that plaintiffs lacked standing to bring suit. 7 references to Lujanv. Argued: Rebecca Kim Glenberg, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellants. I. 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. 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. 596, 107 L.Ed.2d 603 (1990). Thus, we turn to the injury in fact requirement. missing their complaint for lack of standing. We turn first to the question of mootness. 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. White Tail v. Stoube Right to Send Children to Nudist Summer Camp, White Tail v. Stoube 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. J.A. 57. 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. Docket: 04-2002, 0% found this document useful, Mark this document as useful, 0% found this document not useful, Mark this document as not useful, Save White Tail Park v. Stroube, 4th Cir. See Lujan, 504 U.S. at 560, 112 S.Ct. 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. The district court erred when it dismissed plaintiff's First Amendment claim, challenging a Virginia law which requires a parent or guardian to accompany any juvenile who attends a nudist summer camp, for lack of standing. 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."). We accordingly affirm the district court's denial of OpenBand's motion for attorneys' fees. J.A. J.A. Irish Lesbian & Gay Org. The gravamen of the standing issue for AANR-East is whether it has sufficiently demonstrated that it "ha[s] suffered an `injury in fact.'" 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. It has a long snout with a flexible nose which it uses to root in the soil for grubs and other invertebrates. As for the anonymous plaintiffs, however, we agree with the district court that their claims are moot. A justiciable case or controversy requires a plaintiff [who] has alleged such a personal stake in the outcome of the controversy as to warrant his invocation of federal court jurisdiction and to justify exercise of the court's remedial powers on his behalf. Planned Parenthood of South Carolina v. Rose, 361 F.3d 786, 789 (4th Cir.2004) (alteration in original) (quoting Simon v. Eastern Kentucky Welfare Rights Org., 426 U.S. 26, 38, 96 S.Ct. 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. Precedential Status: Precedential Docket: 04-2002 Filed: 2005-07-05 Precedential Status: Precedential Docket: 04-2002 Open navigation menu Close suggestionsSearchSearch enChange Language close menu Language English(selected) espaol portugus Body length: 2 - 4 in (6.3 - 10.1 cm) 1917, 48 L.Ed.2d 450 (1976)), cert. Roche also serves as president of White Tail, 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. Only eleven campers would have been able to attend in light of the new restrictions. 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. Richmond, Fredericksburg & Potomac R.R. 2d 491 (1969). and M.S., Plaintiffs-Appellants, v. Robert B. STROUBE, in his official capacity as Virginia State Health Commissioner, Defendant-Appellee. (Stroube is head of the Virginia State Health Commission, which oversees private camps in Virginia.) 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 have generally labeled an organization's standing to bring a claim on behalf of its members "associational standing. Closed on Sunday. 2003); Friends for Ferrell Parkway, 282 F.3d at 320. The camp agenda included traditional activities such as arts and crafts, campfire sing-alongs, swimming, and sports. Right to Send Children to Nudist Summer Camp,White Tail v. Stoube. Whitetail Dr, Ivor, VA 23866 (757) 859-6123 Suggest an Edit. 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. 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." By focusing on the intrusiveness of the statute and the extent to which it impaired the ability of AANR-East to carry its message to summer camp attendees, the court was effectively making a merits determination. However, in at least one panel decision, we have used the term "organizational standing" interchangeably with "associational standing." Lujan v. Defenders of Wildlife, 504 U.S. 555, 561 (1992). 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. 114. Contact us. Although the First Amendment challenge to section 35.1-18 mounted by AANR-East may ultimately prove unsuccessful-we express no opinion on the merits here---AANR-East is an appropriate party to raise this challenge. Jerry W. Kilgore, Attorney General of Virginia, Wil-, liam E. Thro, State Solicitor General, Maureen Riley Matsen, Deputy, State Solicitor General, Courtney M. Malveaux, Associate State. 2d 603 (1990). In fact, it applied for the permit prior to the August 10, 2004, hearing on the Commissioner's motion to dismiss. the Court. The complaint asserts two claims: (1) that section 35.1-18 of the Virginia Code violates plaintiffs' right to privacy and to control the education and rearing of their children under the Fourteenth Amendment; and (2) that section 35.1-18 violates plaintiffs' First Amendment right to free association. Precedential, Citations: 115. 114. See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378, 102 S. Ct. 1114, 71 L. Ed. 16. See Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 101-02, 118 S.Ct. All rights reserved. AANR-East contends that the statute encroached on its First Amendment right by reducing the size of the audience for its message of social nudism and will continue to do so as long as it is enforced. 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. AANR-East contends that the amended statute will reduce the size of the camp every year because not all would-be campers have parents or guardians who are available to register and attend a week of camp during the summer, as evidenced by the fact that 24 campers who would have otherwise attended camp by themselves in June 2004 were unable to do so because of their parents' inability or unwillingness to attend. We first consider whether AANR-East has standing to raise its claims. 1. reverse in part, and remand for further proceedings. "The burden of proving subject matter jurisdiction on a motion to dismiss is on the plaintiff; the party asserting jurisdiction." Adams v. Bain, 697 F.2d 1213, 1219 (4th Cir. We note that the complaint includes a claim under the Fourteenth Amendment, alleging that the plaintiffs' right to privacy was violated by the statute. 114. J.A. J.A. White Tail Park, Inc. v. Stroube, 413 F.3d 451, 460-61 (4th Cir. The context of the district court's statement, which followed a discussion of the individual plaintiffs' inability to establish injury in fact, supports this view, We note that the complaint includes a claim under the Fourteenth Amendment, alleging that the plaintiffs' "right to privacy" was violated by the statute. On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. 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. 1917, 48 L.Ed.2d 450 (1976)), cert. See Lujan, 504 U.S. at 560, 112 S. Ct. 2130. AANR-East contends that the statute encroached on its First Amendment right by reducing the size of the audience for its message of social nudism and will continue to do so as long as it is enforced. By focusing on the intrusiveness of the statute and the extent to which it impaired the ability of AANR-East to carry its message to summer camp attendees, the court was effectively making a merits determination. On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. 57. 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." (internal quotation marks omitted) (alteration in original), and that any injury will likely "be redressed by a favorable decision," id. 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. 413 F.3d 451, Docket Number: 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. J.A. There are substantial common ties between AANR-East and White Tail. WHAT THE COURT HELD Case:White Tail Park et al. As for the anonymous plaintiffs, however, we agree with the district court that their claims are moot. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S. Ct. 2130, 119 L. Ed. With VTail's WINNER EVERY TIME Technology, your entire inventory sells at the same pace assuring 100% sell through. 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. AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. See Warth v. Seldin, 422 U.S. 490, 511, 95 S.Ct. J.A. 114. but on 'whether the plaintiff is the proper party to bring suit' " (alteration in original) (quoting Raines v. J.A. 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. On July 15, the district court denied the preliminary injunction after a hearing. As for the anonymous plaintiffs, however, we agree with the district court that their claims are moot. Virginia law requires any person who owns or operates a summer camp or campground facility in Virginia to be licensed by the Food and Environmental Services Division of the Virginia Department of Health (VDH). 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. 1991). This speedy lizard has a long, flat tail and long, slender legs. 1991). Sartin v. McNair Law Firm PA, 756 F.3d 259, 266 (4th Cir. The standing doctrine, of course, depends not upon the merits, see Warth, 422 U.S. at 500, 95 S. Ct. 2197, but on "whether the plaintiff is the proper party to bring [the] suit." Modeled after juvenile nudist summer camps operated annually in Arizona and Florida by other regional divisions of AANR, the 2003 AANR-East summer camp offered two programs: a "Youth Camp" for children 11 to 15 years old, and a "Leadership Academy" for children 15 to 18 years old. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. There are substantial common ties between AANR-East and White Tail. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. denied, 543 U.S. 1187, 125 S.Ct. ; S.B. 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 email address cannot be subscribed. At the hearing, the Commissioner argued that the case had become moot because AANR-East surrendered its permit after failing to secure a preliminary injunction and then successfully moved the camp to another state. 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. 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. Prior to the scheduled start of AANR-East's 2004 youth camp, the Virginia General Assembly amended the statute governing the licensing of summer camps specifically to address youth nudist camps. Pye v. United States, 269 F.3d 459, 467 (4th Cir. The standing requirement must be satisfied by individual and organizational plaintiffs alike. 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 dis-. We affirm in part, reverse in part, and remand for further proceedings. 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. See Va.Code 35.1-18. ; D.H., on behalf of themselves and their minor children, I.P. 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. 4 Virginia law requires any person who owns or operates a summer camp or campground facility in Virginia to be licensed by the Food and Environmental Services Division of the Virginia . and B.P. We first consider whether AANR-East has standing to raise its claims. 1995) (en banc) (" [R]estrictions that impose an incidental burden on speech" will be upheld if they are "narrowly drawn to serve a substantial governmental interest and allow for ample alternative avenues of communication."). 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. See Va.Code 35.1-18. 2d 351 (1992) (citations and internal quotation marks omitted). 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. 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 IIIthat the plaintiff demonstrate the existence of an injury in fact. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Modeled after juvenile nudist summer camps operated annually in Arizona and Florida by other regional divisions of AANR, the 2003 AANR-East summer camp offered two programs: a Youth Camp for children 11 to 15 years old, and a Leadership Academy for children 15 to 18 years old. 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. We filed suit in the U.S. District Court in Richmond onbehalf of White Tail Park, the American Association for Nude Recreation-East, and three families that wish to send their children to the summer camp arguing that the statute violates the Fourteenth Amendment right to privacy and right to direct the care and upbringing of ones children, as well as the First Amendment right to free association. 4. On August 10, 2004, the district court held a hearing on the Commissioner's motion to dismiss for lack of standing. Modeled after juvenile nudist summer camps operated annually in, Arizona and Florida by other regional divisions of AANR, the 2003, AANR-East summer camp offered two programs: a "Youth Camp", for children 11 to 15 years old, and a "Leadership Academy" for chil-, dren 15 to 18 years old. van gogh granite price per square foot. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. WHITE TAIL PARK, INC. v. STROUBE OPINION TRAXLER, Circuit Judge. Appellate Information Argued 03/16/2005 Decided 07/05/2005 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." These rulings are not at issue on appeal. 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. 1982). Sign up to receive the Free Law Project newsletter with tips and announcements. 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." 103. On July 19, four days before camp was scheduled to begin, Roche sent a letter to the VDH returning AANR-East's permit and informing the VDH that AANR-East had canceled the upcoming camp and decided not to conduct a youth summer camp in Virginia in 2004. On August 10, 2004, the judge dismissed the case, holding that it was moot and that the plaintiffs do not have standing. 2d 425 (1988). See Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 101-02, 118 S.Ct. "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. 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. White Tail Parkv. Id. The Commissioner filed a motion to dismiss the action, arguing that plaintiffs lacked standing to bring suit. The following opinions cover similar topics: CourtListener is a project of Free Thus, "a case is moot when the issues presented are no longer'live' or the parties lack a legally cognizable interest in the outcome." The parties, like the district court, focused primarily on this particular element of standing. The [individual] plaintiffs no longer satisfy the case or controversy requirement. Arizonans for Official English v. Arizona, 520 U.S. 43, 67, 117 S.Ct. Accordingly, the district court granted the Commissioner's motion to dismiss for lack of standing.2. 56(e))). 1398, 161 L.Ed.2d 190 (2005). (2005) - Free download as PDF File (.pdf) or read online for free. 1055, 137 L.Ed.2d 170 (1997) (internal quotation marks omitted). With respect to AANR-East and White Tail, we cannot agree that the claims alleged in the complaint are moot. 2197, 45 L.Ed.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"). 3. White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir. Argued: Rebecca Kim Glenberg, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellants. 2130 (internal quotation marks omitted). 115. An organizational plaintiff may establish standing to bring suit on its own behalf when it seeks redress for an injury suffered by the organization itself. We turn, briefly, to White Tail. (internal quotation marks omitted) (alteration in original), and that any injury will likely be redressed by a favorable decision, id. Roche runs each organization, and both organizations share a connection to the practice of social nudism. We turn first to the question of mootness. ; T.S. 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." 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. 3 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." Roche runs each organization, and both organizations share a connection to the practice of social nudism. 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