Arizonans for Official English v. Arizona, 520 U.S. 43, 67, 117 S. Ct. 1055, 137 L. Ed. 2005) ("[W]hen a defendant raises standing as the basis for a motion under Rule 12(b)(1) to dismiss for lack of subject matter jurisdiction," the court "may consider evidence outside the pleadings without converting the proceedings to one for summary judgment."). 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. AANR-East and White Tail bear the burden of establishing the three fundamental standing elements. 2d 450 (1976)), cert. 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. We turn first to the question of mootness. v. Giuliani, 143 F.3d 638, 649 (2nd Cir.1998). Accordingly, the district court granted the Commissioner's motion to dismiss for lack of standing.2. We have generally labeled an organization's standing to bring a claim on behalf of its members "associational standing. We turn, briefly, to White Tail. U.S. 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. 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. See Chesapeake B & M, Inc. v. Harford County, Md., 58 F.3d 1005, 1010 (4th Cir.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.). 2005) (internal citation, quotation marks, and brackets omitted). John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. 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. 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. Va.Code 35.1-18 (emphasis added). The Commissioner filed a motion to dismiss the action, arguing that plaintiffs lacked standing to bring suit. III, 2, cl. Thus, we turn to the injury in fact requirement. "See, e.g., American Canoe Ass'n v. Murphy Farms, Inc., 326 F.3d 505, 517 (4th Cir. 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. J.A. United States Court of Appeals, Fourth Circuit. Although this language pur-, ports to impose a categorical ban on the operation of "nudist camps, for juveniles" in Virginia, it in fact permits the licensing of a youth, Do not sell or share my personal information. The doctrine of mootness flows from the constitutional limitation of federal court jurisdiction to actual "Cases" or "Controversies." v. Stroube,US4 No. The [individual] plaintiffs no longer satisfy the case or controversy requirement. Arizonans for Official English v. Arizona, 520 U.S. 43, 67, 117 S.Ct. The parties, like the district court, focused primarily on this particular element of standing. ; S.B. 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. (Stroube is head of the Virginia State Health Commission, which oversees private camps in Virginia.) v. Giuliani, 143 F.3d 638, 649 (2nd Cir. On July 15, the district court denied the preliminary injunction after a hearing. White Tail v. Stoube Right to Send Children to Nudist Summer Camp, White Tail v. Stoube During the 2004 session, Virginia General Assembly has passed a bill that prohibits the licensing of "nudist camps for juveniles," which is defined as a camp attended by juveniles without a parent, grandparent or legal guardian in attendance. Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. 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. 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. Stroube, 04-2002 (4th Cir. 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." IV. CourtListener is sponsored by the non-profit Free Law Project. We turn first to the question of mootness. 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"). 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). 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 district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. 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. Read White Tail Park, Inc. v. Stroube, 04-2002. On August 10, 2004, the district court held a hearing on the Commissioner's motion to dismiss for lack of standing. 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. 1114, 71 L.Ed.2d 214 (1982). On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. See FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 231, 110 S. Ct. 596, 107 L. Ed. WHITE TAIL PARK, INCORPORATED; American Association for Nude Recreation-Eastern Region, Incorporated; K.H. 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. Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. 2197, 45 L.Ed.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"). The [individual] plaintiffs no longer satisfy the case or controversy requirement. 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. ACLU-VA's Statement on Gov. 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. 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. 2d 214 (1982). 9. 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." Id. 56(e))). Learn more about FindLaws newsletters, including our terms of use and privacy policy. (internal quotation marks omitted) (alteration in original), and that any injury will likely "be redressed by a favorable decision," id. Brief of Appellants at 15. See Warth v. Seldin, 422 U.S. 490, 511, 95 S.Ct. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. 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." During the 2004 session, Virginia General Assembly has passed a bill that prohibits the licensing of nudist camps for juveniles, which is defined as a camp attended by juveniles without a parent, grandparent or legal guardian in attendance. "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 . Ultimately, however, AANR-East was able to operate its youth nudist camp by relocating to a neighboring state. 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. 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. 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. 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. Plaintiffs also filed a motion for a preliminary injunction together with the complaint. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. Affirmed in part, reversed in part, and remanded by published opinion. Irish Lesbian & Gay Org. 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. 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. 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." 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. 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. J.A. 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. These rulings are not at issue on appeal. 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."). Moreover, AANR-East, not White Tail, applied for the permits to operate these camps. 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. 1036, 160 L.Ed.2d 1067 (2005). denied, 543 U.S. 1187, 125 S.Ct. Powell v. McCormack, 395 U.S. 486, 496, 89 S.Ct. Plaintiffs also filed a motion for a preliminary injunction together with the complaint. "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." 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. J.A. White Tail Park, 413 F.3d at 460. 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. 2014) (listing cases). 2004) (alteration in original) (quoting Simon v. Eastern Kentucky Welfare Rights Org., 426 U.S. 26, 38, 96 S. Ct. 1917, 48 L. Ed. R. Civ. Accordingly, in our view, the claims advanced by AANR-East and White Tail continue to present a live controversy. For AANR-East to establish this element, it must adduce facts demonstrating that it suffered an invasion of a legally protected interest, id. v. Giuliani, 143 F.3d 638, 649 (2nd Cir.1998). See Waterford Citizens' Ass'n v. Reilly, 970 F.2d 1287, 1290 (4th Cir.1992). uled the 2004 camp for the week of July 23 to July 31, 2004. Ultimately, however, AANR-East was able to operate its youth nudist camp by relocating to a neighboring state. 114. 1114, 71 L.Ed.2d 214 (1982). Accordingly, the case is no longer justiciable. Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Judge STAMP joined. 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." 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. 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. 1003, 140 L.Ed.2d 210 (1998). AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. We first consider whether AANR-East has standing to raise its claims. Fast Food, Ice Cream & Frozen Yogurt, Burgers . 2d 170 (1997) (internal quotation marks omitted). Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. Checkers Family Restaurant - 9516 Windsor Blvd. Roche runs each organization, and both organizations share a connection to the practice of social nudism. The gravamen of the standing issue for AANR-East is whether it has sufficiently demonstrated that it "ha [s] suffered an `injury in fact.'" 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 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. Powell v. McCormack, 395 U.S. 486, 496, 89 S. Ct. 1944, 23 L. Ed. See Lujan, 504 U.S. at 560, 112 S. Ct. 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. ACLU of Virginia files petition asserting Virginias marriage code Keep Classrooms a Free & Open Space for Learning. 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. We affirm in part, reverse in part, and remand for further proceedings. 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. 2130, 119 L.Ed.2d 351 (1992) (citations and internal quotation marks omitted). 1991). We think this is sufficient for purposes of standing. 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. This case has not yet been cited in our system. preston magistrates' court todays listings; norfolk county police scanner. 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. J.A. Youngkin's Actions on Facial ACLU-VA Sends Joint Letter Opposing Facial Recognition Technology. weaning a toddler cold turkey; abc polish newspaper . 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. 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." J.A. 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. v. United States, 945 F.2d 765, 768 (4th Cir. Solicitor General, D. Nelson Daniel, Assistant Attorney General. 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. Park also serves as home for a small number of permanent residents. 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. See Bryan v. Bellsouth Communications, Inc., 377 F.3d 424, 428 (4th Cir.2004), cert. This site is protected by reCAPTCHA and the Google. As for the anonymous plaintiffs, however, we agree with the district court that their claims are moot. Roche runs each organization, and both organizations share a connection to the practice of social nudism. U.S. 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"). 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. 9. 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." 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." Ultimately, however, AANR-East was able to operate its youth nudist camp by relocating to a neighboring state. 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. J.A. 2005) This opinion cites 20 opinions. but on 'whether the plaintiff is the proper party to bring suit' " (alteration in original) (quoting Raines v. 114. Copyright 2023, Thomson Reuters. J.A. 1055, 137 L.Ed.2d 170 (1997) (internal quotation marks omitted). 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. All rights reserved. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. A total of 32 campers attended the 2003 summer, camp at White Tail Park. J.A. With respect to AANR-East and White Tail, we cannot agree that the claims alleged in the complaint are moot. However, in at least one panel decision, we have used the term "organizational standing" interchangeably with "associational standing." 2005)Copy Citation Download PDF Check Treatment Summary standing inquiry "depends not upon the merits . The camp agenda included traditional activities such as arts and crafts, campfire sing-alongs, swimming, and sports. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. 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. Va.Code 35.1-18 (emphasis added). Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. All rights reserved. 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. See Waterford Citizens' Ass'n v. Reilly, 970 F.2d 1287, 1290 (4th Cir. Amenities: campground, camping, clothing free, lodging, southampton county, virginia, and white tail resort Address: 39033 Whitetail Dr Ivor Virginia 23866 United States Dates of Operation: All Year Phone: 757-859-6123 Email: office@whitetailresort.org Website Twitter Facebook Get Directions No Records Found Sorry, no records were found. 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." White Tail Park also serves as home for a small number of permanent residents. Joint Letter Opposing Facial Recognition Technology the injury in fact requirement reCAPTCHA and Google! 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