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 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. The standing doctrine, of course, depends not upon the merits, see Warth, 422 U.S. at 500, 95 S.Ct. J.A. J.A. The camp agenda included traditional activities such as arts and crafts, campfire sing-alongs, swimming, and sports. ; D.H., on behalf of themselves and their minor children, I.P. See Meyer v. Grant, 486 U.S. 414, 422-23, 108 S. Ct. 1886, 100 L. Ed. As for the anonymous plaintiffs, however, we agree with the district court that their claims are moot. We affirm in part, reverse in part, and remand for further proceedings. 1917, 48 L.Ed.2d 450 (1976)), cert. 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, 543 U.S. 1187, 125 S.Ct. WHITE TAIL PARK, INCORPORATED; American Association for Nude Recreation-Eastern Region, Incorporated; K.H. From Free Law Project, a 501(c)(3) non-profit. 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. A total of 32 campers attended the 2003 summer, camp at White Tail Park. Accordingly, the case is no longer justiciable. 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"). 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. at 561, 112 S. Ct. 2130 (internal quotation marks omitted). On July 15, the district court denied the preliminary injunction after a hearing. ACLU-VA's Statement on Gov. We turn, briefly, to White Tail. Lawyers for the plaintiffs are ACLU of Virginia legal director Rebecca K. Glenberg and Richmond practitioner Frank M. Feibelman. The doctrine of mootness flows from the constitutional limitation of federal court jurisdiction to actual Cases or Controversies. U.S. (2005) For Later, Appeal from the United States District Court. 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. Brief of Appellants at 15. 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 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. activities such as arts and crafts, campfire sing-alongs, swimming, and sports. Sign up for our free summaries and get the latest delivered directly to you. All rights reserved. denied, 543 U.S. 1119, 125 S.Ct. rely on donations for our financial security. On August 10, 2004, the judge dismissed the case, holding that it was moot and that the plaintiffs do not have standing. 57. 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. 1998). A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. ; J.S., on behalf of themselves and their minor children, T.J.S. In turn, based on its conclusion that the claims asserted by the individual plaintiffs were moot and no longer presented a justiciable controversy, the court held that the organizational plaintiffs lacked associational standing to bring claims on behalf of the individual plaintiffs.3 Finally, the district court opined that "even if [White Tail] and AANR-East have a first amendment right to disseminate their message of social nudism to children in a structured summer camp program, the minimal requirement that a parent, grandparent or legal guardian be at the park does not prevent" White Tail or AANR-East from exercising this right. 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 III-that the plaintiff demonstrate the existence of an injury in fact. 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 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. 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. 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. 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. Prior to the scheduled start, of AANR-Easts 2004 youth camp, the Virginia General Assembly, amended the statute governing the licensing of summer camps specif-, ically to address youth nudist camps. 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. 2004) (alteration in original) (quoting Simon v. Eastern Kentucky Welfare Rights Org., 426 U.S. 26, 38, 96 S. Ct. 1917, 48 L. Ed. and M.S., Plaintiffs-Appellants, v. Robert B. STROUBE, in his official capacity as Virginia State Health Commissioner, Defendant-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. J.A. As for the anonymous plaintiffs, however, we agree with the district court that their claims are moot. See Waterford Citizens' Ass'n v. Reilly, 970 F.2d 1287, 1290 (4th Cir. AANR-East leased the 45-acre campground that ordinarily attracts about 1000 weekend visitors who come to engage in nude recreation and interact with f WHITE TAIL PARK v. These rulings are not at issue on appeal. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. IV. However, in at least one panel decision, we have used the term organizational standing interchangeably with associational standing. See Waterford Citizens' Ass'n v. Reilly, 970 F.2d 1287, 1290 (4th Cir.1992). 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 chil-, dren 15 to 18 years old. J.A. 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. 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. Accordingly, the district court granted the Commissioner's motion to dismiss for lack of standing.2. 1917. Before TRAXLER and DUNCAN, Circuit Judges, and, Frederick P. STAMP, Jr., United States District Judge. J.A. 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 affirm in part, reverse in part, and remand for further proceedings. See Warth v. Seldin, 422 U.S. 490, 511, 95 S. Ct. 2197, 45 L. Ed. for Appellants. 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. ; J.B., on behalf of themselves and their minor child, C.B. The camp agenda included traditional activities such as arts and crafts, campfire sing-alongs, swimming, and sports. Id. Contact us. Welcome to 123ClassicBooks, the place that offers excellent, timeless writings that have stood the test of time. We affirm in part, reverse in part, and remand for further proceedings. 1 year old springer spaniel; chicos tacos lake havasu happy hour. Brief of Appellants at 15. Ultimately, however, AANR-East was able to operate its youth nudist camp by relocating to a neighboring state. AANR-East contends that the statute impairs its ability to disseminate the "values related to social nudism in a structured camp environment." 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. 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."). 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. 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. We think this is sufficient for purposes of standing. Right to Send Children to Nudist Summer Camp,White Tail v. Stoube. 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. 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. Please try again. 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 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 dis-. Arizonans for Official English v. Arizona, 520 U.S. 43, 67, 117 S.Ct. To the extent White Tail claims a First Amendment interest, we have been offered no supporting facts. 1055, 137 L.Ed.2d 170 (1997) (internal quotation marks omitted). The district court erred when it dismissed plaintiff's First Amendment claim, challenging a Virginia law which requires a parent or guardian to accompany any juvenile who attends a nudist summer camp, for lack of standing. Va.Code 35.1-18 (emphasis added). 04-2002. Thus, "a case is moot when the issues presented are no longer'live' or the parties lack a legally cognizable interest in the outcome." Roche runs each organization, and both organizations share a connection to the practice of social nudism. 1992). 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." 1. 2130 (internal quotation marks omitted). v. Stroube,US4 No. See Bryan v. Bellsouth Communications, Inc., 377 F.3d 424, 428 (4th Cir.2004), cert. J.A. 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. 9. 7 references to Lujanv. J.A. However, in at least one panel decision, we have used the term "organizational standing" interchangeably with "associational standing." missing their complaint for lack of standing. 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. 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. III, 2, cl. Sign up to receive the Free Law Project newsletter with tips and announcements. 20-21. The standing requirement must be satisfied by individual and organizational plaintiffs alike. Park also serves as home for a small number of permanent residents. 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. 1917. J.A. 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. Contact us. 5. The City maintains that O'Connor cannot demonstrate the first of these three prongs. 2130. 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." 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. 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. 2d 849 (1997); see Libertad v. Welch, 53 F.3d 428, 437 n. 5 (1st Cir. In turn, based on its conclusion that the claims asserted by the individual plaintiffs were moot and no longer presented a justiciable controversy, the court held that the organizational plaintiffs lacked associational standing to bring claims on behalf of the individual plaintiffs.3 Finally, the district court opined that even if [White Tail] and AANR-East have a first amendment right to disseminate their message of social nudism to children in a structured summer camp program, the minimal requirement that a parent, grandparent or legal guardian be at the park does not prevent White Tail or AANR-East from exercising this right. J.A. The [individual] plaintiffs no longer satisfy the case or controversy requirement. AANR-East and White Tail bear the burden of establishing the three fundamental standing elements. 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. at 560, 112 S.Ct. Whitetail Dr, Ivor, VA 23866 (757) 859-6123 Suggest an Edit. 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. 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. 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. Raines v. Byrd, 521 U.S. 811, 818, 117 S. Ct. 2312, 138 L. Ed. ; D.H., on behalf of themselves and their minor children, I.P. White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir. Planned Parenthood of South Carolina v. Rose, 361 F.3d 786, 789 (4th Cir. Accordingly, the case is no longer justiciable. 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. The standing requirement must be satisfied by individual and organizational plaintiffs alike. 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. 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. 1982). v. Giuliani, 143 F.3d 638, 649 (2nd Cir.1998). Const., art. The anonymous plaintiffs are parents who intended to send their children to camp at White Tail Park during the last week in July 2004. 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." 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. See Bryan v. Bellsouth Communications, Inc., 377 F.3d 424, 428 (4th Cir. 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. 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. 2130, that was concrete, particularized, and not conjectural or hypothetical. Pye v. United States, 269 F.3d 459, 467 (4th Cir.2001). On August 10, 2004, the district court held a hearing on the Commissioner's motion to dismiss for lack of standing. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. White Tail Park, Inc. v. Stroube, 413 F.3d 451, 460 (4th Cir. July 5th, 2005, Precedential Status: (2005) - Free download as PDF File (.pdf) or read online for free. Powell v. McCormack, 395 U.S. 486, 496, 89 S. Ct. 1944, 23 L. Ed. 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. 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. 1988. 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