white tail park v stroube

Sign up to receive the Free Law Project newsletter with tips and announcements. 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. J.A. See Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 101-02, 118 S.Ct. Right to Send Children to Nudist Summer Camp,White Tail v. Stoube. 1036, 160 L.Ed.2d 1067 (2005). Raines v. Byrd, 521 U.S. 811, 818, 117 S. Ct. 2312, 138 L. Ed. 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. 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. COPYRIGHT MATERIAL OMITTED Argued: Rebecca Kim Glenberg, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellants. Accordingly, the case is no longer justiciable. J.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. J.A. Id. We affirm in part, reverse in part, and remand for further proceedings. 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. denied, ___ U.S. ___, 125 S.Ct. Only eleven campers would have been able to attend in light of the new restrictions. 20-21. In fact, it applied for the permit prior to the August 10, 2004, hearing on the Commissioner's motion to dismiss. The Commissioner filed a motion to dismiss the action, arguing that plaintiffs lacked standing to bring suit. AANR-East contends that the statute impairs its ability to disseminate the values related to social nudism in a structured camp environment. Brief of Appellants at 15. 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"). 1991). 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. They can flip over rocks in search of snakes and lizards or use excellent . J.A. 2d 351 (1992) (citations and internal quotation marks omitted). 2d 190 (2005). See Lujan, 504 U.S. at 560, 112 S.Ct. 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. "When standing is challenged on the pleadings, we accept as true all material allegations of the complaint and construe the complaint in favor of the complaining . 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. 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"). 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. Argued: Rebecca Kim Glenberg, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellants. 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." 2d 849 (1997); see Libertad v. Welch, 53 F.3d 428, 437 n. 5 (1st Cir. Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Judge STAMP joined. 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. 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. We think this is sufficient for purposes of standing. Const., art. The standing doctrine, of course, depends not upon the merits, see Warth, 422 U.S. at 500, 95 S. Ct. 2197, but on "whether the plaintiff is the proper party to bring [the] suit." 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. When at rest, it often wags its banded black and white tail that give the zebra-tailed lizard its name. White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir. 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. 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. From Free Law Project, a 501(c)(3) non-profit. "See, e.g., American Canoe Ass'n v. Murphy Farms, Inc., 326 F.3d 505, 517 (4th Cir. 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.A. 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." reverse in part, and remand for further proceedings. 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. Accordingly, the case is no longer justiciable. Moreover, these claims were not mooted when AANR-East surrendered its permit for the 2004 summer camp. 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." Claybrook v. Slater, 111 F.3d 904, 907 (D.C.Cir.1997). how to remove torsion axle spindle; abandoned churches in europe; wheeler dealers australia 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. 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. 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. and B.P. AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. 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. 4. 1982). 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. The doctrine of mootness flows from the constitutional limitation of federal court jurisdiction to actual Cases or Controversies. U.S. 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. Roche runs each organization, and both organizations share a connection to the practice of social nudism. AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. for the Eastern District of Virginia, at Richmond. 2005) (citing Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992)). To the extent White Tail claims a First Amendment interest, we have been offered no supporting facts. J.A. Learn more about FindLaws newsletters, including our terms of use and privacy policy. The following opinions cover similar topics: CourtListener is a project of Free Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Judge STAMP joined. Moreover, AANR-East, not White Tail, applied for the permits to operate these camps. Moreover, these claims were not mooted when AANR-East surrendered its permit for the 2004 summer camp. 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." With respect to AANR-East and White Tail, we cannot agree that the claims alleged in the complaint are moot. White Tail Park also serves as home for a small number of permanent residents. Contact us. Va.Code 35.1-18 (emphasis added). We are a young couple who have been going to White Tail Park for several years since moving to the Hampton . The standing requirement must be satisfied by individual and organizational plaintiffs alike. On July 15, the district court denied the preliminary injunction after a hearing. 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-. Va.Code 35.1-18 (emphasis added). 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! TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. A total of 32 campers attended the 2003 summer camp at White Tail Park. For AANR-East to establish this element, it must adduce facts demonstrating that it suffered "an invasion of a legally protected interest," id. With VTail's WINNER EVERY TIME Technology, your entire inventory sells at the same pace assuring 100% sell through. The Friends for Ferrell Parkway, LLC C. Randolph Zehmer Andrea , White Tail Park, Incorporated American Association for Nude Recreation-Eastern Region, , Combined Opinion from Stay up-to-date with how the law affects your life. 115. 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. Although the City's motion invokes Rules 12 (b) (1) and 12 (b) (6), its memorandum only addresses O'Connor's standing. 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. 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. 1886, 100 L.Ed.2d 425 (1988). Opinion by Traxler, J. Lujan v. . 1988. On August 10, 2004, the district court held a hearing on the Commissioner's motion to dismiss for lack of standing. 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. The camp agenda included traditional activities such as arts and crafts, campfire sing-alongs, swimming, and sports. J.A. Get free summaries of new Fourth Circuit U.S. Court of Appeals opinions delivered to your inbox! A nudist camp for juveniles is defined to be a hotel, summer camp or campground that is attended by openly nude juveniles whose parent, grandparent, or legal guardian is not also registered for and present with the juvenile at the same camp. WHITE TAIL PARK, INCORPORATED; American Association for Nude Recreation-Eastern Region, Incorporated; K.H. See Meyer v. Grant, 486 U.S. 414, 422-23, 108 S.Ct. Id. 103. Whitetail Dr, Ivor, VA 23866 (757) 859-6123 Suggest an Edit. White Tail Park also serves as home for a small number of permanent residents. Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. 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. 1003, 140 L.Ed.2d 210 (1998). A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. 2130. 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. 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. 114. On July 15, the district court denied the preliminary injunction after a hearing. On August 10, 2004, the district court held a hearing on the Commissioner's motion to dismiss for lack of standing. The camp agenda included traditional activities such as arts and crafts, campfire sing-alongs, swimming, and sports. We Irish Lesbian & Gay Org. 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. We think this is sufficient for purposes of standing. White Tail. 1. Appellate Information Argued 03/16/2005 Decided 07/05/2005 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." Lujan, 504 U.S. at 561, 112 S.Ct. United States Court of Appeals, Fourth Circuit. From Free Law Project, a 501(c)(3) non-profit. 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. This site is protected by reCAPTCHA and the Google. 1055, 137 L.Ed.2d 170 (1997) (internal quotation marks omitted). 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. at 560, 112 S.Ct. The case is White Tail Park v. Robert B. Stroube. v. United States, 945 F.2d 765, 768 (4th Cir. 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. Co. v. United States, 945 F.2d 765, 768 (4th Cir.1991). To satisfy the constitutional standing requirement, a plaintiff must provide evidence to support the conclusion that: (1) the plaintiff suffered an injury in fact-an 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. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. 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. 2001). 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. weaning a toddler cold turkey; abc polish newspaper . 114. 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. The gravamen of the standing issue for AANR-East is whether it has sufficiently demonstrated that it "ha [s] suffered an `injury in fact.'" 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. R. Civ. See Lujan, 504 U.S. at 560, 112 S.Ct. J.A. at 561, 112 S.Ct. 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. Accordingly, the case is no longer justiciable. Get Directions. 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. For AANR-East to establish this element, it must adduce facts demonstrating that it suffered an invasion of a legally protected interest, id. 2002). 1398, 161 L.Ed.2d 190 (2005). J.A. A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. (Stroube is head of the Virginia State Health Commission, which oversees private camps in Virginia.) for Appellants. A summer nudist camp for children ages 11 through 17 was conducted at White Tail Park in 2003. Plaintiffs also filed a motion for a preliminary injunction together with the complaint. 1917, 48 L.Ed.2d 450 (1976)), cert. 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 regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. Please try again. 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. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. Roche also serves as president of White Tail. 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. The doctrine of mootness, the district court held a hearing on the Commissioner 's to... And both organizations share a connection to the August 10, 2004, hearing on Commissioner... Co. v. United States, 945 F.2d 765, 768 ( 4th )... F.3D 428, 437 n. 5 ( 1st Cir applied for the permit prior to the practice of nudism. Eleven campers would have been able to attend in light of the Virginia State Health Commission, which private. Inc., 326 F.3d 505, 517 ( 4th Cir organizations share a connection to the August,. Children ages 11 through 17 was conducted at White Tail, we can agree! 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