It is the place for the discriminating readers who have a deep affection and love for excellent writing and those with an appreciation for the power of words to kindle imagination, ignite passion and light up your thoughts. Roche enclosed a press release issued by AANR-East indicating that, in light of the district court's denial of the preliminary injunction, AANR-East was forced to cancel camp because the new Virginia statutory requirements "place[d] an undue burden on too many parents who had planned to send their children" to the camp. It prefers hard soils with few plants. 2130, 119 L.Ed.2d 351 (1992) (citations and internal quotation marks omitted). 1003, 140 L.Ed.2d 210 (1998). The district court concluded that AANR-East and White Tail derived standing to sue from their members who, the district court concluded, no longer satisfied the live controversy requirement in light of the fact that the permit for the 2004 camp had been surrendered and the camp had been moved to another state. This case has not yet been cited in our system. WHITE TAIL PARK, INC. v. STROUBE OPINION TRAXLER, Circuit Judge. 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. This behavior is likely used to draw attention away from the vulnerable head to the break-away tail. 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. We affirm in part, reverse in part, and remand for further proceedings. AANR-East has not identified its liberty interest at stake or developed this claim further. 114. See Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 101-02, 118 S. Ct. 1003, 140 L. Ed. ; S.B. 2130. This site is protected by reCAPTCHA and the Google. ; D.H., on behalf of themselves and their minor children, I.P. Va.Code 35.1-18 (emphasis added). Appellate Information Argued 03/16/2005 Decided 07/05/2005 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"). 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. 2130, 119 L.Ed.2d 351 (1992) (citations and internal quotation marks omitted). Const., art. There are substantial common ties between AANR-East and White Tail. Raines v. Byrd, 521 U.S. 811, 818, 117 S. Ct. 2312, 138 L. Ed. denied, 543 U.S. 1187, 125 S.Ct. AANR-East contends that the statute impairs its ability to disseminate the "values related to social nudism in a structured camp environment." From Free Law Project, a 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, Va. Code 35.1-18. Filed: 2005-07-05 The district court explained further that the organizational plaintiffs, AANR-East and White Tail, lacked standing to assert their own constitutional rights, if any, because they were unable to establish actual or imminent injury resulting from the statutory requirement that all campers be accompanied by a parent or guardian. 1. 2014) (listing cases). Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Judge STAMP joined. White Tail Park also serves as home for a small number of permanent residents. Only eleven campers would have been able to attend in light of the new restrictions. 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. 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. Please try again. 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. Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Judge STAMP joined. (internal quotation marks omitted) (alteration in original), and that any injury will likely "be redressed by a favorable decision," id. Defenders of Wildlife, 504 U.S. 555 Supreme Court of the United StatesJune 12, 1992Also cited by 9846 other opinions 3 references to Warthv. 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. v. Giuliani, 143 F.3d 638, 649 (2nd Cir.1998). Richmond, Fredericksburg & Potomac R.R. 1. 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. Lujan, 504 U.S. at 561, 112 S.Ct. for the Eastern District of Virginia, at Richmond. 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. 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." 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." 2005)Copy Citation Download PDF Check Treatment Summary standing inquiry "depends not upon the merits . Ultimately, however, AANR-East was able to operate its youth nudist camp by relocating to a neighboring state. J.A. 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. J.A. 114. 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. J.A. Opinion by Traxler, J. The [individual] plaintiffs no longer satisfy the case or controversy requirement. 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. We affirm in part, reverse in part, and remand for further proceedings. Precedential, Citations: and M.S., Plaintiffs-Appellants,v.Robert B. STROUBE, in his official capacity as Virginia State Health Commissioner, Defendant-Appellee. 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. 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. Id. However, it appears clear to us that the district court did in fact consider, and reject, standing for the organizational plaintiffs to pursue their claims. 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. Contact us. 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." AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. We turn, briefly, to White Tail. 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. 57. Ultimately, however, AANR-East was able to operate its youth nudist camp by relocating to a neighboring state. In June 2004, Robert Roche, president of AANR-East, applied for a permit to operate the youth nudist camp scheduled for late July 2004.1 Like all applicants for permits under section 35.1-18 at that time, Roche was required to sign and submit with the application an acknowledgment that Virginia law banned the operation of nudist camps for juveniles as defined by Virginia Code 35.1-18. Virginia's General Assembly found out about the camp and passed the legislation requiring a parent, grandparent or legal guardian to accompany each participant, scuttling plans for the 2004 camp at the Ivor park. As for the anonymous plaintiffs, however, we agree with the district court that their claims are moot. 1. TIES UNION FOUNDATION OF VIRGINIA, Richmond, Virginia. 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. AANR-East and White Tail bear the burden of establishing the three fundamental standing elements. Sign up to receive the Free Law Project newsletter with tips and announcements. ; S.B. Accordingly, in our view, the claims advanced by AANR-East and White Tail continue to present a live controversy. 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. ; T.S. The doctrine of mootness flows from the constitutional limitation of federal court jurisdiction to actual Cases or Controversies. U.S. See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378, 102 S. Ct. 1114, 71 L. Ed. uled the 2004 camp for the week of July 23 to July 31, 2004. 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. Irish Lesbian & Gay Org. 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. 1988. J.A. White Tank Mountain Regional Park 20304 W. White Tank Mountain Road Waddell, AZ 85355 (602) 506-2930 ext. 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. 57. Stay up-to-date with how the law affects your life. (2005) - Free download as PDF File (.pdf) or read online for free. July 5th, 2005, Precedential Status: 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. Affirmed in part, reversed in part, and remanded by published opinion. Id. 1917. Pye v. United States, 269 F.3d 459, 467 (4th Cir. 1998). White Tail Resort :: A Family Nudist Resort, Ivor: See 22 traveler reviews, 3 candid photos, and great deals for White Tail Resort :: A Family Nudist Resort, ranked #1 of 1 specialty lodging in Ivor and rated 4.5 of 5 at Tripadvisor. 115. 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. J.A. 2130 (internal quotation marks omitted). 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. The anonymous plaintiffs are parents who intended to send their children to camp at White Tail Park during the last week in July 2004. 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. On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. 115. 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. Affirmed in part, reversed in part, and remanded by published opinion. 7 references to Lujanv. 2d 849 (1997); see Libertad v. Welch, 53 F.3d 428, 437 n. 5 (1st Cir. In fact, it applied for the permit prior to the August 10, 2004, hearing on the Commissioner's motion to dismiss. Irish Lesbian & Gay Org. See Meyer v. Grant, 486 U.S. 414, 422-23, 108 S.Ct. activities such as arts and crafts, campfire sing-alongs, swimming, and sports. See FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 231, 110 S. Ct. 596, 107 L. Ed. Join us, returned Virginians, and loved ones of people who are still incarcerated on Tuesday, Jan. 17, for our Lobby Day to advocate for the Second Look legislation! Body length: 2 - 4 in (6.3 - 10.1 cm) 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. AANR-East is one of several regional organizations affiliated with, the American Association for Nude Recreation, a national social nud-, ism organization. However, it appears clear to us that the district court did in fact consider, and reject, standing for the organizational plaintiffs to pursue their claims. To the extent White Tail claims a First Amendment interest, we have been offered no supporting facts. Fast Food, Ice Cream & Frozen Yogurt, Burgers . Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. 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. 04-2002. 596, 107 L.Ed.2d 603 (1990). 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. Co. v. United States, 945 F.2d 765, 768 (4th Cir.1991). The following opinions cover similar topics: CourtListener is a project of Free 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."). AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. We are a young couple who have been going to White Tail Park for several years since moving to the Hampton . IV. 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." denied, ___ U.S. ___, 125 S. Ct. 1398, 161 L. Ed. how to remove torsion axle spindle; abandoned churches in europe; wheeler dealers australia November 1 - April 30: Open from 8 am to 4 pm daily. 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. 57. 1114, 71 L.Ed.2d 214 (1982). White Tail Park, 413 F.3d at 460. Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. We have generally labeled an organization's standing to bring a claim on behalf of its members associational standing. 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. Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Judge STAMP joined. 1. 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. ACLU-VA's Statement on Gov. 2d 170 (1997) (internal quotation marks omitted). 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. Accordingly, the case is no longer justiciable. Accordingly, the district court granted the Commissioner's motion to dismiss for lack of standing.2. I. ; D.H., on behalf of themselves and their minor children, I.P. White Tail Park also serves as home for a small number of permanent residents. . 56(e))). ; T.S. A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. J.A. "See, e.g., American Canoe Ass'n v. Murphy Farms, Inc., 326 F.3d 505, 517 (4th Cir. 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. There was no camp to attend. 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. at 561, 112 S. Ct. 2130 (internal quotation marks omitted). A total of 32 campers attended the 2003 summer camp at White Tail Park. 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." Nature Center Hours: May 1 - October 31: Open from 7 am to 2 pm Monday through Saturday. These rulings are not at issue on appeal. A total of 32 campers attended the 2003 summer camp at White Tail Park. Moreover, these claims were not mooted when AANR-East surrendered its permit for the 2004 summer camp. This speedy lizard has a long, flat tail and long, slender legs. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. In June 2004, Robert Roche, president of AANR-East, applied for a permit to operate the youth nudist camp scheduled for late July 2004.1 Like all applicants for permits under section 35.1-18 at that time, Roche was required to sign and submit with the application an acknowledgment that Virginia law banned the operation of nudist camps for juveniles as defined by Virginia Code 35.1-18. 103. 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. Read White Tail Park, Inc. v. Stroube, 04-2002. 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. In June 2004, Robert Roche, president of AANR-East, applied for a permit to operate the youth nudist camp scheduled for late July 2004.1 Like all applicants for permits under section 35.1-18 at that time, Roche was required to sign and submit with the application an acknowledgment that Virginia law banned the operation of nudist camps for juveniles as defined by Virginia Code 35.1-18. rely on donations for our financial security. Moreover, AANR-East, not White Tail, applied for the permits to operate these camps. 9. 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. Even though a plaintiff's standing cannot be examined without reference to the "nature and source of the claim asserted," Warth, 422 U.S. at 500, 95 S. Ct. 2197, our ultimate aim is to determine whether plaintiff has a sufficiently "personal stake" in the lawsuit to justify the invocation of federal court jurisdiction, see Simon, 426 U.S. at 38, 96 S. Ct. 1917. J.A. The district court explained further that the organizational plaintiffs, AANR-East and White Tail, lacked standing to assert their own constitutional rights, if any, because they were unable to establish actual or imminent injury resulting from the statutory requirement that all campers be accompanied by a parent or guardian. Right to Send Children to Nudist Summer Camp,White Tail v. Stoube. Id. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Accordingly, the case is no longer justiciable. U.S. Roche runs each organization, and both organizations share a connection to the practice of social nudism. 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. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. 1917. Moreover, AANR-East, not White Tail, applied for the permits to operate these camps. 2001). 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. 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