With respect to AANR-East and White Tail, we cannot agree that the claims alleged in the complaint are moot. WHITE TAIL PARK, INC. v. STROUBE OPINION TRAXLER, Circuit Judge. 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. 1917. To the extent White Tail claims a First Amendment interest, we have been offered no supporting facts. There was no camp to attend. 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. 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. From Free Law Project, a 501(c)(3) non-profit. J.A. and M.S., Plaintiffs-Appellants,v.Robert B. STROUBE, in his official capacity as Virginia State Health Commissioner, Defendant-Appellee. 3 See Warth v. Seldin, 422 U.S. 490, 511, 95 S.Ct. 103. Lujan, 504 U.S. at 561, 112 S.Ct. White Tail Park, 413 F.3d at 460. WHITE TAIL PARK, INCORPORATED; American Association for Nude Recreation-Eastern Region, Incorporated; K.H. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. We first consider whether AANR-East has standing to raise its claims. White Tail Park. 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. There are substantial common ties between AANR-East and White Tail. for Appellants. 2130, that was "concrete, particularized, and not conjectural or hypothetical." CourtListener is sponsored by the non-profit Free Law Project. Read 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 parent or guardian to accompany any juvenile who attends a nudist summer camp, for lack of standing. Contact us. Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. 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. There was no camp to attend. On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. 1055, 137 L.Ed.2d 170 (1997) (internal quotation marks omitted). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. Accordingly, in our view, the claims advanced by AANR-East and White Tail continue to present a live controversy. 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. There was no camp to attend. 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. Dairy Queen Grill & Chill - 61 W Windsor Blvd. For AANR-East to establish this element, it must adduce facts demonstrating that it suffered an invasion of a legally protected interest, id. The Friends for Ferrell Parkway, LLC C. Randolph Zehmer Andrea , White Tail Park, Incorporated American Association for Nude Recreation-Eastern Region, , Combined Opinion from 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. Contact us. 2d 170 (1997) (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 chil-, dren 15 to 18 years old. 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-. for the Northern District of West Virginia, Affirmed in part, reversed in part, and remanded by published opin-, ion. 9. ; T.S. A total of 32 campers attended the 2003 summer camp at White Tail Park. 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. 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." activities such as arts and crafts, campfire sing-alongs, swimming, and sports. J.A. "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." Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. 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. On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. A "nudist camp for, ground that is attended by openly nude juveniles whose par-, and present with the juvenile at the same camp, Va. Code 35.1-18 (emphasis added). 1036, 160 L.Ed.2d 1067 (2005). 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. "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. John Kenneth Byrum, Jr., Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Rich-. Decision, July 5, 2005- U.S. Court of Appeals, 4th Circuit, Opening Brief- U.S. Court of Appeals, 4th Circuit, Appellant's Reply Brief- U.S. Court of Appeals, 4th Circuit, Complaint- U.S. District Court, Eastern District of Virginia, Right to Send Children to Nudist Summer Camp, Support these community organizations this Giving Tuesday, ACLUVA Statement on Decision in Anderson v. Clarke and Bowles, 10 Tips for Becoming an Effective Advocate. "See, e.g., American Canoe Ass'n v. Murphy Farms, Inc., 326 F.3d 505, 517 (4th Cir. 16. 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. U.S. COPYRIGHT MATERIAL OMITTED Argued: Rebecca Kim Glenberg, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellants. 114. 2005). 16. Powell v. McCormack, 395 U.S. 486, 496, 89 S. Ct. 1944, 23 L. Ed. ; see also White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459(4th Cir. 1982). 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. 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. We affirm in part, reverse in part, and remand for further proceedings. 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. A summer nudist camp for children ages 11 through 17 was conducted at White Tail Park in 2003. ; D.H., on behalf of themselves and their minor children, I.P. 115. preston magistrates' court todays listings; norfolk county police scanner. 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. See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378, 102 S.Ct. 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." 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. The standing requirement must be satisfied by individual and organizational plaintiffs alike. 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. 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. our Backup, Combined Opinion from Lujan v. . 2003); Friends for Ferrell Parkway, 282 F.3d at 320. weaning a toddler cold turkey; abc polish newspaper . 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. We have appealed to the Fourth Circuit. 115. J.A. denton county livestock show 2022. t shirt supplier near me R 0.00 Cart. 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. Read White Tail Park, Inc. v. Stroube, 04-2002. See Bryan v. Bellsouth Communications, Inc., 377 F.3d 424, 428 (4th Cir. 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. at 560, 112 S.Ct. Filed: 2005-07-05 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. See Lujan, 504 U.S. at 560, 112 S. Ct. 2130. Solicitor General, D. Nelson Daniel, Assistant Attorney General. J.A. Accordingly, in our view, the claims advanced by AANR-East and White Tail continue to present a live controversy. Ultimately, however, AANR-East was able to operate its youth nudist camp by relocating to a neighboring state. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S. Ct. 2130, 119 L. Ed. 596, 107 L.Ed.2d 603 (1990). Pye v. United States, 269 F.3d 459, 467 (4th Cir.2001). Friends for Ferrell Parkway, LLC v. Stasko, 282 F.3d 315, 320 (4th Cir. denied, ___ U.S. ___, 125 S. Ct. 1036, 160 L. Ed. (internal quotation marks omitted) (alteration in original), and that any injury will likely be redressed by a favorable decision, id. Affirmed in part, reversed in part, and remanded by published opinion. 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. Get free summaries of new Fourth Circuit U.S. Court of Appeals opinions delivered to your inbox! 1988. 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. Claybrook v. Slater, 111 F.3d 904, 907 (D.C. Cir. 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! 1998). We turn, briefly, to White Tail. 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. 57. 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." v. Giuliani, 143 F.3d 638, 649 (2nd Cir.1998). AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. On August 10, 2004, the district court held a hearing on the Commissioner's motion to dismiss for lack of standing. You already receive all suggested Justia Opinion Summary Newsletters. 103. ; J.S., on behalf of themselves and their minor children, T.J.S. 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. 57. but on 'whether the plaintiff is the proper party to bring suit' " (alteration in original) (quoting Raines v. 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. 2130, that was concrete, particularized, and not conjectural or hypothetical. Pye v. United States, 269 F.3d 459, 467 (4th Cir.2001). 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. We affirm in part, reverse in part, and remand for further proceedings. Coatis, Raccoons, and Ringtails. 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. 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"). ACLU of Virginia files petition asserting Virginias marriage code Keep Classrooms a Free & Open Space for Learning. 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. 2130. Law Project, a federally-recognized 501(c)(3) non-profit. You can explore additional available newsletters here. J.A. "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. Roche runs each organization, and both organizations share a connection to the practice of social nudism. 2d 210 (1998). 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. Lawyers for the plaintiffs are ACLU of Virginia legal director Rebecca K. Glenberg and Richmond practitioner Frank M. Feibelman. Const., art. 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. 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. The anonymous plaintiffs are parents who intended to send their children to camp at White Tail Park during the last week in July 2004. 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. Ticker Tape by TradingView. 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. Nature Center Hours: May 1 - October 31: Open from 7 am to 2 pm Monday through Saturday. 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. We 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. 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. 1055, 137 L.Ed.2d 170 (1997) (internal quotation marks omitted). White Tail Park also serves as home for a small number of permanent residents. 2197, but on whether the plaintiff is the proper party to bring [the] suit. Raines v. Byrd, 521 U.S. 811, 818, 117 S.Ct. J.A. 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. 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). Before TRAXLER and DUNCAN, Circuit Judges, and, Frederick P. STAMP, Jr., United States District Judge. 1917. Filed: 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. WHAT THE COURT HELD Case:White Tail Park et al. 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. van gogh granite price per square foot. 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." 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. 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