114. The Commissioner filed a motion to dismiss the action, arguing that plaintiffs lacked standing to bring suit. Richmond, Fredericksburg Potomac R.R. WebLujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992) (citations and internal quotation marks omitted); White Tail Park, Inc. v. Stroube, 413 F.3d 451, 458 (4th Cir. As for the anonymous plaintiffs, however, we agree with the district court that their claims are moot. <> 2005) .. 11 STA TU TES AZ. Claybrook v. Slater, 111 F.3d 904, 907 (D.C. Cir. 21 0 obj Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 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 AANR-East and White Tail bear the burden of establishing the three fundamental standing elements. Listed below are those cases in which >> 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." /Type /Font WHAT THE COURT HELD Case:White Tail Park et al. /Name /fytekpgnum 56(e))). 20-21. 57. >> J.A. 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. 2130 (internal quotation marks omitted). 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. 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." Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. 222 1997). We think this is sufficient for purposes of standing. The parties, like the district court, focused primarily on this particular element of standing. Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. Const., art. 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. . << 1991). See Lujan, 504 U.S. at 560, 112 S.Ct. Right to Send Children to Nudist Summer Camp, Support these community organizations this Giving Tuesday, 10 Tips for Becoming an Effective Advocate, Mass surveillance technologies make all Virginians less free. 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. ?:0FBx$ !i@H[EE1PLV6QP>U(j A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. or AANR-East because their `organizational standing' derives from that of the anonymous plaintiffs." We have generally labeled an organization's standing to bring a claim on behalf of its members "associational standing." Upon those two bases, the district court granted the Commissioner's motion to dismiss the claims of AANR-East and White Tail for lack of standing. The camp agenda included traditional activities such as arts and crafts, campfire sing-alongs, swimming, and sports. denied, ___ U.S. ___, 125 S.Ct. 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. *1 J "6DTpDQ2(C"QDqpIdy~kg} LX Xg` l pBF|l *? Y"1 P\8=W%O4M0J"Y2Vs,[|e92se'9`2&ctI@o|N6 (.sSdl-c(2-y H_/XZ.$&\SM07#1Yr fYym";8980m-m(]v^DW~ emi ]P`/ u}q|^R,g+\Kk)/C_|Rax8t1C^7nfzDpu$/EDL L[B@X! Appeal from the United States District Court for the Eastern District of Virginia, Richard L. Williams, Senior District Judge. 16. 2005). Powell v. McCormack, 395 U.S. 486, 496, 89 S.Ct. 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." 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 . The Public Health And Welfare Civil Rights Generally Proceedings In Vindication Of Civil Rights. J.A. 2130, 119 L.Ed.2d 351 (1992) (citations and internal quotation marks omitted). 2312, 138 L.Ed.2d 849 (1997); see Libertad v. Welch, 53 F.3d 428, 437 n. 5 (1st Cir. III, 2, cl. The camp is highly supervised and there is no indication that any sexual activity takes place or that children are physically or psychologically harmed in any way. /BaseFont /Helvetica No. 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 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. 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 . 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. endobj 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. Powell v. McCormack, 395 U.S. 486, 496, 89 S.Ct. Argued: Rebecca Kim Glenberg, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellants. 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. However, in at least one panel decision, we have used the term "organizational standing" inter-changeably with "associational standing." 04-2002. /Name /fytekpgnum3 AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. Plaintiffs also filed a motion for a preliminary injunction together with the complaint. 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. endobj III, 2, cl. Thus, we turn to the injury in fact requirement. (internal quotation marks omitted) (alteration in original), and that any injury will likely "be redressed by a favorable decision," id. Get 1 point on adding a valid citation to this judgment. 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. 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 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. v. Stroube , 413 F.3d 451, 459 (4th Cir. Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. 2004), cert. . Since standing is jurisdictional, courts must independently ensure its presence. /ModDate <443A32303138313030313135323533385A> /Keywords <> white tail park v stroube AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. endobj . 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. . 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. 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. stream With respect to AANR-East and White Tail, we cannot agree that the claims alleged in the complaint are moot. allow for ample alternative avenues of communication."). J.A. A total of 32 campers attended the 2003 summer camp at White Tail Park. 20 0 obj J.A. 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. 2312, 138 L.Ed.2d 849 (1997) ), explaining the associational standing/organizational standing distinction, requiring an organization to identify at least one member who has standing in order to establish associational standing, explaining that the "district court may consider evidence outside the pleadings without converting the proceeding to one for summary judgment", standing arguments are properly brought under a Rule 12(b) motion, stating that first prong of associational standing requires organization to show "its members would otherwise have standing to sue as individuals". Click here to remove this judgment from your profile. WebRead White Tail Park, Inc. v. Stroube, 04-2002 READ The district court erred when it dismissed plaintiff's First Amendment claim, challenging a Virginia law which requires a 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. For AANR-East to establish this element, it must adduce facts demonstrating that it suffered "an invasion of a legally protected interest," id. 086 079 7114 [email protected]. Brief of Appellants at 15. After School Satan Club Holds First Meeting at Chesapeake Public ACLU of Virginia files petition asserting Virginias marriage code Keep Classrooms a Free & Open Space for Learning. 2001). Accordingly, in our view, the claims advanced by AANR-East and White Tail continue to present a live controversy. United States Court of Appeals, Fourth Circuit. As for the anonymous plaintiffs, however, we agree with the district court that their claims are moot. In June 2004, Robert Roche, president of AANR-East, applied for a permit to operate the youth nudist camp scheduled for late July 2004. Friends for Ferrell Parkway, LLC v. Stasko, 282 F.3d 315, 320 (4th Cir. Enhance your digital presence and reach by creating a Casemine profile. 1. On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. 086 079 7114 [email protected]. Planned Parenthood of South Carolina v. Rose, 361 F.3d 786, 789 (4th Cir. The district court erred when it dismissed plaintiff's First Amendment claim, challenging a Virginia law which requires a 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. J.A. v. Stroube,US4 No. Thus, "a case is moot when the issues presented are no longer'live' or the parties lack a legally cognizable interest in the outcome." 2002)). J.A. Id. The doctrine limits the category of litigants empowered to maintain a lawsuit in federal court to seek redress for a legal wrong. Spokeo, Inc. v. Robins, Defendant has plainly failed to demonstrate that there was no 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. . Get 1 point on providing a valid sentiment to this The American Association for Nude Recreation-Eastern Region, Inc. ("AANR-East"), White Tail Park, Inc. ("White Tail"), and six individual plaintiffs appeal from the order of the district court dismissing their complaint for lack of standing. The 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." <> WebWhite Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir. white tail park v stroube . Learn more about FindLaws newsletters, including our terms of use and privacy policy. ", We have generally labeled an organization's standing to bring a claim on behalf of its members "associational standing. v. Giuliani, 143 F.3d 638, 649 (2nd Cir. << United States Court of Appeals, Fourth Circuit. >> 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. American social nudist movement." 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. 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. stream 9. @~ (* {d+}G}WL$cGD2QZ4 E@@ A(q`1D `'u46ptc48.`R0) J.A. American social nudist movement." [32 0 R] See Lujan, 504 U.S. at 560, 112 S.Ct. 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. . 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. 2005) (district courts finding that educational organization had no organizational standing reversed because challenged conduct reduced attendance at its event). MFk t,:.FW8c1L&9aX: rbl1 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. 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. 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. 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. Web1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE OF AUTHORITIES Page(s) - ii - CASES ACLU of Ohio Found., Inc. v. Bd. endobj Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. endobj 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. V. 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