There are substantial common ties between AANR-East and White Tail. Richmond, Fredericksburg Potomac R.R. 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. 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." Compare Compl. Thus, we turn to the injury in fact requirement. To the extent White Tail claims a First Amendment interest, we have been offered no supporting facts. 2003); Friends for Ferrell Parkway, 282 F.3d at 320. "A justiciable case or controversy requires a `plaintiff [who] has alleged such a personal stake in the outcome of the controversy as to warrant his invocation of federal court jurisdiction and to justify exercise of the court's remedial powers on his behalf.'". We affirm in part, reverse in part, and remand for further proceedings. Salt Institute, 345 F. Supp. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. MFk t,:.FW8c1L&9aX: rbl1 Get 2 points on providing a valid reason for the above 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. For AANR-East to establish this element, it must adduce facts demonstrating that it suffered "an invasion of a legally protected interest," id. 25 0 obj Webhampton, nh police log january 2021. 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. AANR-East WebWhite Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 SALT INSTITUTE v. LEAVITT 3 (4th Cir. 1917. Affirmed in part, reversed in part, and remanded by published opinion. '". 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. /Type /Font endstream 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. @Rt CXCP%CBH@Rf[(t CQhz#0 Zl`O828.p|OX /Author <> 16. 1886, 100 L.Ed.2d 425 (1988). 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. See Va. Code 35.1-18. endobj 1997). 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. <> white tail park v stroube http://www.law.cornell.edu/supct/html/99-8508.ZS.html. AANR-East and White Tail bear the burden of establishing the three fundamental standing elements. endobj All rights reserved. A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. 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 11 0 obj WebSee White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir.2005). Webv. Read White Tail Park, Inc. v. Stroube, 04-2002. Stay up-to-date with how the law affects your life. . <> xwTS7PkhRH H. 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 . 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. 2004). 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. Opinion by Traxler, J. John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. Published. Roche runs each organization, and both organizations share a connection to the practice of social nudism. Co. v. United States, 945 F.2d 765, 768 (4th Cir. << /Length 10 /Filter /FlateDecode >> WebGuilford Coll. 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 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." AANR-East has not identified its liberty interest at stake or developed this claim further. The camp agenda included traditional activities such as arts and crafts, campfire sing-alongs, swimming, and sports. 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. . 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. 103. 8 0 obj 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. Powell v. McCormack, 395 U.S. 486, 496, 89 S.Ct. WebWhite Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir.
086 079 7114 [email protected]. Although the First Amendment challenge to section 35.1-18 mounted by AANR-East may ultimately prove unsuccessful we express no opinion on the merits here AANR-East is an appropriate party to raise this challenge. 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. 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. A total of 32 campers attended the 2003 summer camp at White Tail Park. 19 0 obj The complaint Roche runs each organization, and both organizations share a connection to the practice of social nudism. 2005) ([W]hen a defendant raises standing as the basis for a motion under Rule 12(b)(1) /BaseFont /Courier v. United States, 945 F.2d 765, 768 (4th Cir. Defendant has plainly failed to demonstrate that there was no
Published. 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. 57. 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. . WHAT THE COURT HELD Case:White Tail Park et al. WebWHITE TAIL PARK, INC. v. STROUBE Important Paras A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. v. Robert B. STROUBE, in his official capacity as Virginia State Health Commissioner, Defendant-Appellee. /Subtype /Type1 1036, 160 L.Ed.2d 1067 (2005). 1055, 137 L.Ed.2d 170 (1997) (internal quotation marks omitted). WHAT THE COURT HELD Case:White Tail Park et al. . Const., art. endobj The district court erred when it dismissed plaintiff's First Amendment claim, challenging a Virginia law which requires a 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. Make your practice more effective and efficient with Casetexts legal research suite. 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. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. 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 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 cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. Argued March 16, 2005. On August 10, 2004, the judge dismissed the case, holding that it was moot and that the plaintiffs do not have standing. Pye v. United States, 269 F.3d 459, 467 (4th Cir. 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. endobj 2003); Friends for Ferrell Parkway, 282 F.3d at 320. WebIn Kohlbergs moral stages White Tail Park V. Stroube falls under the preconventional level, use of punishments and power to define morality, the power being the Virginia bill changing the regulations for parent/guardian mandating upon attending camp, and the punishment being a direct result of the families not being able to attend due to lack Raines v. Byrd, 521 U.S. 811, 818, 117 S.Ct. << /Length 10 /Filter /FlateDecode >> 1917, 48 L.Ed.2d 450 (1976)), cert. 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. at 561, 112 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 . 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. A Powell v. McCormack, 395 U.S. 486, 496, 89 S.Ct. 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. 22 0 obj 17 0 obj Irish Lesbian Gay Org. WebIn 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. (internal quotation marks omitted) (alteration in original), and that any injury will likely "be redressed by a favorable decision," id. v. Capt. See Va. Code 35.1-18. "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." 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. 57. 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. xm=@:xM'B&PK W%y'IFh/_l;E_wwUOb6@1 ]Vai!EQ?bdJN>H0zr*2uOYq~B_*F2 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. 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. 2001). 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. Only eleven campers would have been able to attend in light of the new restrictions. These rulings are not at issue on appeal. from [the standing] of the [individual] anonymous plaintiffs." 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. WebWhite 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 2001). J.A. 2011); White Tail Park, Inc. v. Stroube, 413 F.3d 451, 458-59 (4th Cir. Appeal from the United States District Court for the Eastern District of Virginia, Richard L. Williams, Senior District Judge. J.A. endobj 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 On July 15, the district court denied the preliminary injunction after a hearing. /Subtype /Type1 Arizonans for Official English v. Arizona, 520 U.S. 43, 67, 117 S.Ct. contains alphabet). Const., art. White Tail Park, 413 F.3d at 458. WebTRI-STATE ZOOLOGICAL PARK * OF WESTERN MARYLAND, INC., et al., * Defendants. Found WHITE TAIL PARK, INC. v. STROUBE useful? . See Lujan, 504 U.S. at 560, 112 S.Ct. standing inquiry "depends not upon the merits but on 'whether the plaintiff is the proper party to bring suit' " (alteration in original) (quoting Raines v. Byrd , 521 U.S. 811, 818, 117 S.Ct. United States Court of Appeals, Fourth Circuit. trace[able] to the challenged action of the defendant" instead of "the independent action of some third party not before the court," id. endobj The 114. 1886, 100 L.Ed.2d 425 (1988). The gravamen of the standing issue for AANR-East is whether it has sufficiently demonstrated that it "ha[s] suffered an `injury in fact.'" Copyright 2023, Thomson Reuters. 2005)). {{{;}#tp8_\. 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." 1917, 48 L.Ed.2d 450 (1976)), cert. 114. The parties, like the district court, focused primarily on this particular element 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"). /BaseFont /Helvetica The Plaintiff bears the 2 Plaintiff does not further explain the nature of her lengthy and expensive medical procedure. Plaintiffs Complaint is far from a picture of clarity, repeatedly leaving the reader grasping for more regarding the details /Name /fytekpgnum2 White Tail Park, Inc. v. Stroube, 04-2002. v. Capt. >> 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. 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. Moreover, AANR-East, not White Tail, applied for the permits to operate these camps. <> <> 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. 2004) (alteration in original) (quoting Simon v. Eastern Kentucky Welfare Rights Org., 426 U.S. 26, 38, 96 S.Ct. (2005) - Free download as PDF File (.pdf) or read online for free. We think this is sufficient for purposes of standing. See, e.g., American Canoe Ass'n v. Murphy Farms, Inc., 326 F.3d 505, 517 (4th Cir. /CreationDate <443A32303138313030313135323533385A> 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 . 2130 (internal quotation marks omitted). Contact us. << The Commissioner filed a motion to dismiss the action, arguing that plaintiffs lacked standing to bring suit. WebSteel Co. v. Citizens for a Better Envt, 523 U.S. 83, 102 (1998). . 2130. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. WebTRI-STATE ZOOLOGICAL PARK * OF WESTERN MARYLAND, INC., et al., * Defendants. Pye v. United States, 269 F.3d 459, 467 (4th Cir. 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." Planned Parenthood of South Carolina v. Rose, 361 F.3d 786, 789 (4th Cir. . Id. ACLU-VA's Statement on Gov. denied, ___ U.S. ___, 125 S.Ct. WebWhite Tail Park, Inc. v. Stroube, 413 F.3d 451, 458 (4th Cir. The district court concluded, in turn, that if the individual plaintiffs no longer satisfied the case or controversy requirement, then "neither does White Tail . Listed below are those cases in which 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.
Lujan, 504 U.S. at 561, 112 S.Ct. /Keywords <> 2130, 119 L.Ed.2d 351 (1992) (citations and internal quotation marks omitted). Decided July 5, 2005. << from [the standing] of the [individual] anonymous plaintiffs." Only eleven campers would have been able to attend in light of the new restrictions. 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. On August 10, 2004, the district court held a hearing on the Commissioner's motion to dismiss for lack of standing. 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. 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. This injury is defined as the invasion of a legally protected interest that is both (a) concrete and 2197, but on "whether the plaintiff is the proper party to bring [the] suit." 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. On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. 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. 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. % 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 . However, in at least one panel decision, we have used the term "organizational standing" inter-changeably with "associational standing." While the plaintiff bears the burden of proving that a court has jurisdiction over the claim or controversy at issue, a Rule 12(b)(1) motion should be granted only white tail park v stroube 2002). AANR-East and White Tail bear the burden of establishing the three fundamental standing elements. 3d 377, 388 (M.D.N.C. 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. v. Giuliani, 143 F.3d 638, 649 (2nd Cir. denied, ___ U.S. ___, 125 S.Ct. We first consider whether AANR-East has standing to raise its claims. 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. See Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 101-02, 118 S.Ct.
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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 standing requirement must be satisfied by individual and organizational plaintiffs alike. 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. allow for ample alternative avenues of communication."). Plaintiffs also filed a motion for a preliminary injunction together with the complaint.
In fact, it applied for the permit prior to the August 10, 2004, hearing on the Commissioner's motion to dismiss. 04-2002. 596, 107 L.Ed.2d 603 (1990). 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.