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. for the Northern District of West Virginia, Affirmed in part, reversed in part, and remanded by published opin-, ion. 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. This case has not yet been cited in our system. III, 2, cl. 20-21. 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. 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. Nature Center Hours: May 1 - October 31: Open from 7 am to 2 pm Monday through Saturday. See Va.Code 35.1-18. Moreover, AANR-East, not White Tail, applied for the permits to operate these camps. 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. WHAT THE COURT HELD Case:White Tail Park et al. AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. Roche signed the acknowledgment and also orally assured Gary Hagy, Director of the Food and Environmental Services Division of the VDH, that AANR-East intended to comply with the new restrictions imposed by the General Assembly. denied, ___ U.S. ___, 125 S.Ct. The Commissioner filed a motion to dismiss the action, arguing that plaintiffs lacked standing to bring suit. 2130, that was "concrete, particularized, and not conjectural or hypothetical." 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. Right to Send Children to Nudist Summer Camp,White Tail v. Stoube. This site is protected by reCAPTCHA and the Google. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. White Tail Park also serves as home for a small number of permanent residents. 2130. White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir. 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. Precedential, Citations: 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. 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. 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. 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. 2d 170 (1997) (internal quotation marks omitted). at 560, 112 S.Ct. Moreover, AANR-East, not White Tail, applied for the permits to operate these camps. 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. A total of 32 campers attended the 2003 summer, camp at White Tail Park. November 1 - April 30: Open from 8 am to 4 pm daily. 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. Roche signed the acknowledgment and also orally assured Gary Hagy, Director of the Food and Environmental Services Division of the VDH, that AANR-East intended to comply with the new restrictions imposed by the General Assembly. denied, ___ U.S. ___, 125 S. Ct. 1036, 160 L. Ed. We turn, briefly, to White Tail. 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. 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. J.A. 9. Law Project, a federally-recognized 501(c)(3) non-profit. 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 City maintains that O'Connor cannot demonstrate the first of these three prongs. See Bryan v. Bellsouth Communications, Inc., 377 F.3d 424, 428 (4th Cir.2004), cert. There was no camp to attend. 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. 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. 57. 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. The standing doctrine, of course, depends not upon the merits, see Warth, 422 U.S. at 500, 95 S.Ct. Affirmed in part, reversed in part, and remanded by published opinion. 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. See Chesapeake B & M, Inc. v. Harford County, Md., 58 F.3d 1005, 1010 (4th Cir. 16. 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. All rights reserved. AANR-East contends that the statute impairs its ability to disseminate the "values related to social nudism in a structured camp environment." The Commissioner filed a motion to dismiss the action, arguing that plaintiffs lacked standing to bring suit. how to remove torsion axle spindle; abandoned churches in europe; wheeler dealers australia See Meyer v. Grant, 486 U.S. 414, 422-23, 108 S.Ct. 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"). 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. 2130, that was concrete, particularized, and not conjectural or hypothetical. Pye v. United States, 269 F.3d 459, 467 (4th Cir.2001). The Friends for Ferrell Parkway, LLC C. Randolph Zehmer Andrea , White Tail Park, Incorporated American Association for Nude Recreation-Eastern Region, , Combined Opinion from I. 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. Va.Code 35.1-18 (emphasis added). at 561, 112 S. Ct. 2130 (internal quotation marks omitted). The gravamen of the standing issue for AANR-East is whether it has sufficiently demonstrated that it "ha [s] suffered an `injury in fact.'" 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. J.A. See FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 231, 110 S.Ct. A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. 103. With respect to AANR-East and White Tail, we cannot agree that the claims alleged in the complaint are moot. but on 'whether the plaintiff is the proper party to bring suit' " (alteration in original) (quoting Raines v. See Waterford Citizens' Ass'n v. Reilly, 970 F.2d 1287, 1290 (4th Cir. 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. accenture federal services salary san antonio; chelsea and westminster hospital contact number White Tank Mountain Regional Park 20304 W. White Tank Mountain Road Waddell, AZ 85355 (602) 506-2930 ext. We think this is sufficient for purposes of standing. 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." and B.P. J.A. Ticker Tape by TradingView. 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. J.A. From Free Law Project, a 501(c)(3) non-profit. AANR-East and White Tail bear the burden of establishing the three fundamental standing elements. The anonymous plaintiffs are parents who intended to send their children to camp at White Tail Park during the last week in July 2004. 2d 210 (1998). Accordingly, the district court granted the Commissioner's motion to dismiss for lack of standing.2. 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. 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. 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. Planned Parenthood of South Carolina v. Rose, 361 F.3d 786, 789 (4th Cir. 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. 2130, 119 L.Ed.2d 351 (1992) (citations and internal quotation marks omitted). 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. 2d 351 (1992) (citations and internal quotation marks omitted). 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 491 (1969). 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. Body length: 2 - 4 in (6.3 - 10.1 cm) The Commissioner filed a motion to dismiss the action, arguing that plaintiffs lacked standing to bring suit. 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. 2005) (citing Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992)). Raines v. Byrd, 521 U.S. 811, 818, 117 S.Ct. Friends for Ferrell Parkway, LLC v. Stasko, 282 F.3d 315, 320 (4th Cir.2002). See Warth v. Seldin, 422 U.S. 490, 511, 95 S.Ct. These rulings are not at issue on appeal. We think this is sufficient for purposes of standing. (internal quotation marks omitted) (alteration in original), and that any injury will likely "be redressed by a favorable decision," id. Id. The camp agenda included traditional activities such as arts and crafts, campfire sing-alongs, swimming, and sports. 1991). 9. 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. We first consider whether AANR-East has standing to raise its claims. 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. Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. J.A. 1. Get free summaries of new Fourth Circuit U.S. Court of Appeals opinions delivered to your inbox! Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. WHITE TAIL PARK, INCORPORATED; American Association for Nude Recreation-Eastern Region, Incorporated; K.H. "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. 2d 849 (1997); see Libertad v. Welch, 53 F.3d 428, 437 n. 5 (1st Cir. See FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 231, 110 S.Ct. White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir. 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. (internal quotation marks omitted) (alteration in original), and that any injury will likely be redressed by a favorable decision, id. 1886, 100 L.Ed.2d 425 (1988). 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. CourtListener is sponsored by the non-profit Free Law Project. 103. J.A. Plaintiffs also filed a motion for a preliminary injunction together with the complaint. Copyright 2023, Thomson Reuters. 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"). 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." 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. Thus, we turn to the injury in fact requirement. ACLU-VA's Statement on Gov. 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. Contact us. denied, ___ U.S. ___, 125 S. Ct. 1398, 161 L. Ed. for Appellants. 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 are a young couple who have been going to White Tail Park for several years since moving to the Hampton . 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. Stroube, 04-2002 (4th Cir. White Tail Park. 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. 20-21. A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. 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. 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. missing their complaint for lack of standing. 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. On July 5, 2005, the Fourth Circuit reversed the District Court and reinstated the case. J.A. We note that the complaint includes a claim under the Fourteenth Amendment, alleging that the plaintiffs' right to privacy was violated by the statute. See FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 231, 110 S. Ct. 596, 107 L. Ed. The gravamen of the standing issue for AANR-East is whether it has sufficiently demonstrated that it "ha[s] suffered an `injury in fact.'" 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