Stay up-to-date with how the law affects your life. The amended statute requires a parent, grandparent or guardian to accompany any juvenile who attends a nudist summer camp: The Board shall not issue a license to the owner or lessee of any hotel, summer camp or campground in this Commonwealth that maintains, or conducts as any part of its activities, a nudist camp for juveniles. 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. Plaintiffs also filed a motion for a preliminary injunction together with the complaint. A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. Planned Parenthood of South Carolina v. Rose, 361 F.3d 786, 789 (4th Cir. 20-21. 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. 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. We affirm on mootness grounds the dismissal of the claims brought by the individual plaintiffs, and we affirm the order dismissing White Tail's claims for lack of standing. preston magistrates' court todays listings; norfolk county police scanner. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Only eleven campers would have been able to attend in light of the new restrictions. The parties, like the district court, focused primarily on this particular element of standing. 2130 (internal quotation marks omitted). Claybrook v. Slater, 111 F.3d 904, 907 (D.C. Cir. 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." 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. 2005) This opinion cites 20 opinions. See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378, 102 S.Ct. 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. 1. Co. v. United States, 945 F.2d 765, 768 (4th Cir. The Commissioner filed a motion to dismiss the action, arguing that plaintiffs lacked standing to bring suit. See Va.Code 35.1-18. 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. 3 Argued: Rebecca Kim Glenberg, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellants. From Free Law Project, a 501(c)(3) non-profit. 103. Only eleven campers would have been able to attend in light of the new restrictions. The gravamen of the standing issue for AANR-East is whether it has sufficiently demonstrated that it "ha[s] suffered an `injury in fact.'" AANR-East and White Tail bear the burden of establishing the three fundamental standing elements. 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. The case is White Tail Park v. Robert B. Stroube. 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." 103. 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. 1398, 161 L.Ed.2d 190 (2005). 2d 603 (1990). denied, 543 U.S. 1119, 125 S.Ct. Irish Lesbian & Gay Org. 115. With VTail's WINNER EVERY TIME Technology, your entire inventory sells at the same pace assuring 100% sell through. 2005) (citing Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992)). "See, e.g., American Canoe Ass'n v. Murphy Farms, Inc., 326 F.3d 505, 517 (4th Cir. Affirmed in part, reversed in part, and remanded by published opinion. As for the anonymous plaintiffs, however, we agree with the district court that their claims are moot. Youngkin's Actions on Facial ACLU-VA Sends Joint Letter Opposing Facial Recognition Technology. 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. 1917. 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. 1 year old springer spaniel; chicos tacos lake havasu happy hour. 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. Const., art. AANR-East contends that the statute impairs its ability to disseminate the "values related to social nudism in a structured camp environment." Accordingly, the district court granted the Commissioner's motion to dismiss for lack of standing.2. WHAT THE COURT HELD Case:White Tail Park et al. The doctrine of mootness flows from the constitutional limitation of federal court jurisdiction to actual "Cases" or "Controversies." 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. Ultimately, however, AANR-East was able to operate its youth nudist camp by relocating to a neighboring state. Lujan v. Defenders of Wildlife, 504 U.S. 555, 561 (1992). 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. Pye v. United States, 269 F.3d 459, 467 (4th Cir. Arizonans for Official English v. Arizona, 520 U.S. 43, 67, 117 S. Ct. 1055, 137 L. Ed. U.S. Defendant has plainly failed to demonstrate that there was no arguable basis for this denied, ___ U.S. ___, 125 S.Ct. There are substantial common ties between AANR-East and White Tail. 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. White-nosed Coati (Nasua narica) The coatimundi, or coati, is a member of the raccoon family found from Arizona to South America. 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. On August 10, 2004, the district court held a hearing on the Commissioner's motion to dismiss for lack of standing. 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. 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. Claybrook v. Slater, 111 F.3d 904, 907 (D.C.Cir.1997). 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. 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. 2130, 119 L.Ed.2d 351 (1992) (citations and internal quotation marks omitted). This behavior is likely used to draw attention away from the vulnerable head to the break-away tail. J.A. White Tail Park also serves as home for a small number of permanent residents. Va.Code 35.1-18 (emphasis added). On July 5, 2005, the Fourth Circuit reversed the District Court and reinstated the case. 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. 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." United States Court of Appeals, Fourth Circuit. Argued: Rebecca Kim Glenberg, American Civil Liberties Union Foundation 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. 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."). A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. In June 2003, AANR-East opened a week-long juvenile nudist camp at a licensed nudist campground ("White Tail Park") operated by White Tail near Ivor, Virginia. 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. 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." We have generally labeled an organization's standing to bring a claim on behalf of its members "associational standing. ; S.B. 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. J.A. We turn first to the question of mootness. v. Giuliani, 143 F.3d 638, 649 (2nd Cir. See Meyer v. Grant, 486 U.S. 414, 422-23, 108 S. Ct. 1886, 100 L. Ed. Friends for Ferrell Parkway, LLC v. Stasko, 282 F.3d 315, 320 (4th Cir.2002). The email address cannot be subscribed. at 561, 112 S.Ct. The [individual] plaintiffs no longer satisfy the case or controversy requirement. In fact, it applied for the permit prior to the August 10, 2004, hearing on the Commissioner's motion to dismiss. On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. 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." See Meyer v. Grant, 486 U.S. 414, 422-23, 108 S.Ct. The amended statute requires a parent, grandparent or guardian to accompany any juvenile who attends a nudist summer camp: The Board shall not issue a license to the owner or lessee of any hotel, summer camp or campground in this Commonwealth that maintains, or conducts as any part of its activities, a nudist camp for juveniles. J.A. Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. Const., art. ; 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. 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 camp agenda included traditional activities such as arts and crafts, campfire sing-alongs, swimming, and sports. v. Giuliani, 143 F.3d 638, 649 (2nd Cir.1998). The Commissioner filed a motion to dismiss the action, arguing that plaintiffs lacked standing to bring suit. 2d 450 (1976)), cert. Dairy Queen Grill & Chill - 61 W Windsor Blvd. "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. The gravamen of the standing issue for AANR-East is whether it has sufficiently demonstrated that it "ha [s] suffered an `injury in fact.'" Filed: 2005-07-05 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. 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. 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. It prefers hard soils with few plants. 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. There was no camp to attend. The complaint alleges that AANR-East operated its camp at White Tail Park in the summer of 2003 "with the expectation that it would become an annual event." 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. J.A. 114. 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. 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. "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.'" 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. 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. We affirm in part, reverse in part, and remand for further proceedings. 114. See Waterford Citizens' Ass'n v. Reilly, 970 F.2d 1287, 1290 (4th Cir.1992). It has a long snout with a flexible nose which it uses to root in the soil for grubs and other invertebrates. 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. 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. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. 1003, 140 L.Ed.2d 210 (1998). 1036, 160 L.Ed.2d 1067 (2005). for the Eastern District of Virginia, at Richmond. 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. Before TRAXLER and DUNCAN, Circuit Judges, and, Frederick P. STAMP, Jr., United States District Judge. See FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 231, 110 S.Ct. 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. 16. 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. The doctrine of mootness flows from the constitutional limitation of federal court jurisdiction to actual Cases or Controversies. U.S. A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. 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. 115. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 1991). On July 15, the district court denied the preliminary injunction after a hearing. 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. J.A. In June 2003, AANR-East opened a week-long, Park") operated by White Tail near Ivor, Virginia. We think this is sufficient for purposes of standing. 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. 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. COPYRIGHT MATERIAL OMITTED Argued: Rebecca Kim Glenberg, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellants. The standing doctrine, of course, depends not upon the merits, see Warth, 422 U.S. at 500, 95 S.Ct. Roche runs each organization, and both organizations share a connection to the practice of social nudism. (2005) For Later, Appeal from the United States District Court. Before TRAXLER and DUNCAN, Circuit Judges, and FREDERICK P. STAMP, JR., United States District Judge for the Northern District of West Virginia, sitting by designation. 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. CourtListener is sponsored by the non-profit Free Law Project. For AANR-East to establish this element, it must adduce facts demonstrating that it suffered "an invasion of a legally protected interest," id. 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. 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 email address cannot be subscribed. "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." This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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). AANR-East has not identified its liberty interest at stake or developed this claim further. 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. 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. 2d 425 (1988). WHITE TAIL PARK, INC. v. STROUBE OPINION TRAXLER, Circuit Judge. and B.P. 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. Friends for Ferrell Parkway, LLC v. Stasko, 282 F.3d 315, 320 (4th Cir. We turn first to the question of mootness. Solicitor General, D. Nelson Daniel, Assistant Attorney General. 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. Plaintiffs also filed a motion for a preliminary injunction together with the complaint. 1114, 71 L.Ed.2d 214 (1982). Thus, we turn to the injury in fact requirement. On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. The standing doctrine, of course, depends not upon the merits, see Warth, 422 U.S. at 500, 95 S.Ct. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. We have appealed to the Fourth Circuit. 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. 114. 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." ACLU-VA's Statement on Gov. 20-21. 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. , Assistant Attorney General 108 S.Ct of its members `` associational standing mootness, the district court their., 2005, the district court and reinstated the case or controversy requirement sufficient for purposes of standing,... 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