Learn more about FindLaws newsletters, including our terms of use and privacy policy. A total of 32 campers attended the 2003 summer camp at White Tail Park. 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 turn, briefly, to White Tail. On August 10, 2004, the judge dismissed the case, holding that it was moot and that the plaintiffs do not have standing. 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. 2d 450 (1976)), cert. 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. 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. Thus, a case is moot when the issues presented are no longer'live' or the parties lack a legally cognizable interest in the outcome. Powell v. McCormack, 395 U.S. 486, 496, 89 S.Ct. We are a young couple who have been going to White Tail Park for several years since moving to the Hampton . The Commissioner filed a motion to dismiss the action, arguing that plaintiffs lacked standing to bring suit. White Tail Park, Inc. v. Stroube, 413 F.3d 451, 460 (4th Cir. J.A. 1997). 1991). Published. 114. They can flip over rocks in search of snakes and lizards or use excellent . 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. 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. 1398, 161 L.Ed.2d 190 (2005). These rulings are not at issue on appeal. Plaintiffs requested an order declaring section 35.1-18 of the Virginia Code unconstitutional, preliminary and permanent injunctive relief, and attorneys fees pursuant to 42 U.S.C.A. We turn first to the question of mootness. All rights reserved. 115. ACLU-VA's Statement on Gov. 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. There was no camp to attend. 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. Raines v. Byrd, 521 U.S. 811, 818, 117 S.Ct. The camp agenda included traditional activities such as arts and crafts, campfire sing-alongs, swimming, and sports. ; S.B. See Bryan v. Bellsouth Communications, Inc., 377 F.3d 424, 428 (4th Cir.2004), cert. 57. J.A. A total of 32 campers attended the 2003 summer camp at White Tail Park. 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. 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. Argued: Rebecca Kim Glenberg, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellants. 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. at 560, 112 S.Ct. We 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. 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. J.A. J.A. at 561, 112 S.Ct. See Va.Code 35.1-18. 115. AANR-East and White Tail bear the burden of establishing the three fundamental standing elements. 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. 1988. We affirm in part, reverse in part, and remand for further proceedings. 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. Friends for Ferrell Parkway, LLC v. Stasko, 282 F.3d 315, 320 (4th Cir.2002). This site is protected by reCAPTCHA and the Google. 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). A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. J.A. v. Giuliani, 143 F.3d 638, 649 (2nd Cir.1998). As for the anonymous plaintiffs, however, we agree with the district court that their claims are moot. 2197, but on "whether the plaintiff is the proper party to bring [the] suit." 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." 5. Thus, we turn to the injury in fact requirement. White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir.2005). And, although AANR-East relocated its camp in 2004, it has already applied for a permit to operate the camp at White Tail Park in the summer of 2005. 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. J.A. 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. 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." See Lujan, 504 U.S. at 560, 112 S.Ct. Filed: 2005-07-05 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 first consider whether AANR-East has standing to raise its claims. See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378, 102 S. Ct. 1114, 71 L. Ed. at 560, 112 S.Ct. 1398, 161 L.Ed.2d 190 (2005). 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. The camp agenda included traditional. denied, ___ U.S. ___, 125 S.Ct. In June 2003, AANR-East opened a week-long, Park") operated by White Tail near Ivor, Virginia. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. The City maintains that O'Connor cannot demonstrate the first of these three prongs. 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." 9. 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. A total of 32 campers attended the 2003 summer, camp at White Tail Park. 1886, 100 L.Ed.2d 425 (1988). 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 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. 596, 107 L.Ed.2d 603 (1990). 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. Plaintiffs bear the burden of establishing standing. J.A. Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Judge STAMP joined. 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 Lujan, 504 U.S. at 560, 112 S.Ct. With respect to AANR-East and White Tail, we cannot agree that the claims alleged in the complaint are moot. With VTail's WINNER EVERY TIME Technology, your entire inventory sells at the same pace assuring 100% sell through. activities such as arts and crafts, campfire sing-alongs, swimming, and sports. 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. Plaintiffs requested an order declaring section 35.1-18 of the Virginia Code unconstitutional, preliminary and permanent injunctive relief, and attorneys fees pursuant to 42 U.S.C.A. 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." 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. for the Northern District of West Virginia, Affirmed in part, reversed in part, and remanded by published opin-, ion. 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. 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"). See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378, 102 S.Ct. Id. J.A. 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. 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. The case is White Tail Park v. Robert B. Stroube. The anonymous plaintiffs are parents who intended to send their children to camp at White Tail Park during the last week in July 2004. The standing doctrine, of course, depends not upon the merits, see Warth, 422 U.S. at 500, 95 S.Ct. Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. Ultimately, however, AANR-East was able to operate its youth nudist camp by relocating to a neighboring state. This behavior is likely used to draw attention away from the vulnerable head to the break-away tail. A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. With respect to AANR-East and White Tail, we cannot agree that the claims alleged in the complaint are moot. 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. Lujan, 504 U.S. at 561, 112 S.Ct. 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. Ultimately, however, AANR-East was able to operate its youth nudist camp by relocating to a neighboring state. When at rest, it often wags its banded black and white tail that give the zebra-tailed lizard its name. 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. 1055, 137 L.Ed.2d 170 (1997) (internal quotation marks omitted). 1988. 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. As for the anonymous plaintiffs, however, we agree with the district court that their claims are moot. AANR-East has not identified its liberty interest at stake or developed this claim further. 2002). 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." However, AANR-East and White Tail are separate entities, and we find nothing in Roche's affidavits or elsewhere in the record that explains White Tail's interest in the education of juvenile summer campers, or even suggests that White Tail has one. 2005)Copy Citation Download PDF Check Treatment Summary standing inquiry "depends not upon the merits . See White Tail Park, Inc. v. Stroube, 413 F.3d 451, 458 (4th Cir. 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). Sign up for our free summaries and get the latest delivered directly to you. 2130 (internal quotation marks omitted). See Meyer v. Grant, 486 U.S. 414, 422-23, 108 S.Ct. 1917. 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. This case has not yet been cited in our system. 2005) (citing Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992)). See Lujan, 504 U.S. at 560, 112 S.Ct. We turn, briefly, to White Tail. Co. v. United States, 945 F.2d 765, 768 (4th Cir.1991). We accordingly affirm the district court's denial of OpenBand's motion for attorneys' fees. 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. White Tail Park, Inc. v. Stroube United States Court of Appeals, Fourth Circuit Jul 5, 2005 413 F.3d 451 (4th Cir. (Stroube is head of the Virginia State Health Commission, which oversees private camps in Virginia.) We think this is sufficient for purposes of standing. Co. v. United States, 945 F.2d 765, 768 (4th Cir. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. 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. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. 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. J.A. 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. 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. 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. Copyright 2023, Thomson Reuters. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. The doctrine of mootness flows from the constitutional limitation of federal court jurisdiction to actual Cases or Controversies. U.S. However, AANR-East and White Tail are separate entities, and we find nothing in Roche's affidavits or elsewhere in the record that explains White Tail's interest in the education of juvenile summer campers, or even suggests that White Tail has one. ; T.S. The amended statute requires a, parent, grandparent or guardian to accompany any juvenile who, The Board shall not issue a license to the owner or lessee, of any hotel, summer camp or campground in this Common-, wealth that maintains, or conducts as any part of its activi-, ties, a nudist camp for juveniles. White Tail Park also serves as home for a small number of permanent residents. White Tail Parkv. We affirm in part, reverse in part, and remand for further proceedings. 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. (2005) For Later, Appeal from the United States District Court. 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.). 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." 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. 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. See FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 231, 110 S.Ct. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. Nearby Restaurants. 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. See Meyer v. Grant, 486 U.S. 414, 422-23, 108 S.Ct. 114. From Free Law Project, a 501(c)(3) non-profit. 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 We affirm in part. 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. ; J.B., on behalf of themselves and their minor child, C.B. White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir. To the extent White Tail claims a First Amendment interest, we have been offered no supporting facts. Lawyers for the plaintiffs are ACLU of Virginia legal director Rebecca K. Glenberg and Richmond practitioner Frank M. Feibelman. See Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 101-02, 118 S.Ct. 1917, 48 L.Ed.2d 450 (1976)), cert. uled the 2004 camp for the week of July 23 to July 31, 2004. John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. J.A. Get Directions. 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, Va. Code 35.1-18. Const., art. 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. J.A. Moreover, these claims were not mooted when AANR-East surrendered its permit for the 2004 summer camp. Planned Parenthood of South Carolina v. Rose, 361 F.3d 786, 789 (4th Cir. 2130. As the application process was proceeding, AANR-East, White Tail, and three sets of parents, suing anonymously on behalf of themselves and their children, filed this action against Robert B. Stroube, Commissioner of the VDH. There was no camp to attend. White Tail Park. Defendant has plainly failed to demonstrate that there was no arguable basis for this Copyright 2023, Thomson Reuters. (internal quotation marks omitted) (alteration in original), and that any injury will likely be redressed by a favorable decision, id. 1991). denied, 543 U.S. 1187, 125 S.Ct. "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." 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. J.A. 103. Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. And, although AANR-East relocated its camp in 2004, it has already applied for a permit to operate the camp at White Tail Park in the summer of 2005. 56(e))). Va.Code 35.1-18 (emphasis added). The [individual] plaintiffs no longer satisfy the case or controversy requirement. 2005) This opinion cites 20 opinions. A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. 523 U.S. 83, 101-02, 118 S.Ct demonstrate that there was no arguable basis this! Agree that the claims alleged in the complaint are moot L.Ed.2d 450 1976! This behavior is likely used to draw attention away from the cases or controversies requirement of Article III one of!, a 501 ( c ) ( internal quotation marks omitted ) further... Byrum, Jr., Assistant Attorney General, Office of the district court dismissing White Tail the! That reduces the size of a legally protected interest, Assistant Attorney General of legal. 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