The parties, like the district court, focused primarily on this particular element of standing. Planned Parenthood of South Carolina v. Rose, 361 F.3d 786, 789 (4th Cir. This behavior is likely used to draw attention away from the vulnerable head to the break-away tail. See White Tail Park, Inc. v. Stroube, 413 F.3d 451, 458 (4th Cir. Dairy Queen Grill & Chill - 61 W Windsor Blvd. For the reasons stated above, we reverse the order dismissing the First Amendment claim brought by AANR-East for lack of standing and remand for further proceedings. for the Eastern District of Virginia, at Richmond. It prefers hard soils with few plants. White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir.2005). 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"). 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. 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. J.A. 2005) (internal citation, quotation marks, and brackets omitted). As the application process was proceeding, AANR-East, White Tail, and three sets of parents, suing anonymously on behalf of themselves and their children, filed this action against Robert B. Stroube, Commissioner of the VDH. Lujan v. . Filed July 5, 2005.Issue:Did the lower court err in dismissing . 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. ; J.S., on behalf of themselves and their minor children, T.J.S. John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. 1. 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. AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. (internal quotation marks omitted) (alteration in original), and that any injury will likely "be redressed by a favorable decision," id. 9. The camp is highly supervised and there is no indication that any sexual activity takes place or that children are physically or psychologically harmed in any way. Thus, "the scope of a court's authority under Rule 60(a) to make . 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. On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. Plaintiffs requested an order declaring section 35.1-18 of the Virginia Code unconstitutional, preliminary and permanent injunctive relief, and attorneys fees pursuant to 42 U.S.C.A. Get Directions. 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. Friends for Ferrell Parkway, LLC v. Stasko, 282 F.3d 315, 320 (4th Cir.2002). 1398, 161 L.Ed.2d 190 (2005). 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. 2d 214 (1982). 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. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. However, in at least one panel decision, we have used the term "organizational standing" interchangeably with "associational standing." The standing requirement must be satisfied by individual and organizational plaintiffs alike. 4 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 . 114. 114. AANR-East is one of several regional organizations affiliated with, the American Association for Nude Recreation, a national social nud-, ism organization. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Ultimately, however, AANR-East was able to operate its youth nudist camp by relocating to a neighboring state. 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. J.A. Thus, we turn to the injury in fact requirement. See Chesapeake B & M, Inc. v. Harford County, Md., 58 F.3d 1005, 1010 (4th Cir. In turn, based on its conclusion that the claims asserted by the individual plaintiffs were moot and no longer presented a justiciable controversy, the court held that the organizational plaintiffs lacked associational standing to bring claims on behalf of the individual plaintiffs.3 Finally, the district court opined that even if [White Tail] and AANR-East have a first amendment right to disseminate their message of social nudism to children in a structured summer camp program, the minimal requirement that a parent, grandparent or legal guardian be at the park does not prevent White Tail or AANR-East from exercising this right. Nature Center Hours: May 1 - October 31: Open from 7 am to 2 pm Monday through Saturday. J.A. White Tail Park, Inc. v. Stroube United States Court of Appeals, Fourth Circuit Jul 5, 2005 413 F.3d 451 (4th Cir. 1114, 71 L.Ed.2d 214 (1982). AANR-East planned to operate the week-, long summer camp at White Tail Park on an annual basis and sched-. Accordingly, in our view, the claims advanced by AANR-East and White Tail continue to present a live controversy. White Tail. 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. 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 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. 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. The standing doctrine, of course, depends not upon the merits, see Warth, 422 U.S. at 500, 95 S.Ct. Seldin, 422 U.S. 490 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." 2130, that was concrete, particularized, and not conjectural or hypothetical. Pye v. United States, 269 F.3d 459, 467 (4th Cir.2001). White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir. 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. 56(e))). 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. Co. v. United States, 945 F.2d 765, 768 (4th Cir.1991). 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."). WHITE TAIL PARK, INCORPORATED; American Association for Nude Recreation-Eastern Region, Incorporated; K.H. We turn, briefly, to White Tail. and B.P. Accordingly, the case is no longer justiciable. There are substantial common ties between AANR-East and White Tail. Whitetail Dr, Ivor, VA 23866 (757) 859-6123 Suggest an Edit. 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. Accordingly, the case is no longer justiciable. WHAT THE COURT HELD Case:White Tail Park et al. Having concluded that the claims of AANR-East and White Tail are not moot, we next consider whether these organizations have standing to raise them in federal court. They can flip over rocks in search of snakes and lizards or use excellent . 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. 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. See Va.Code 35.1-18. 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. 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." 3. The following opinions cover similar topics: CourtListener is a project of Free Fast Food, Ice Cream & Frozen Yogurt, Burgers . We turn first to the question of mootness. We affirm in part, reverse in part, and remand for further proceedings. Plaintiffs bear the burden of establishing standing. 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. Jerry W. Kilgore, Attorney General of Virginia, Wil-, liam E. Thro, State Solicitor General, Maureen Riley Matsen, Deputy, State Solicitor General, Courtney M. Malveaux, Associate State. TIES UNION FOUNDATION OF VIRGINIA, Richmond, Virginia. 413 F.3d 451, Docket Number: 1. 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."). The Friends for Ferrell Parkway, LLC C. Randolph Zehmer Andrea M. Kilmer Mario A. Rosales, Jr. Jack R. Davey, Richmond, Fredericksburg & Potomac Railroad Company, American Canoe Association, Incorporated Professional Paddlesports Association the Conservation Council of North Carolina, Incorporated, and United States of America, Acting at the Request and on Behalf of the Administrator of the United States Environmental Protection Agency, Planned Parenthood of South Carolina Incorporated Renee Carter, Tomi White Bryan, Individually and on Behalf of All Others Similarly Situated. The email address cannot be subscribed. 1988. 103. (Stroube is head of the Virginia State Health Commission, which oversees private camps in Virginia.) 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. 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. 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. 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. 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. Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Judge STAMP joined. 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 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. Nearby Restaurants. Plaintiffs requested an order declaring section 35.1-18 of the Virginia Code unconstitutional, preliminary and permanent injunctive relief, and attorneys fees pursuant to 42 U.S.C.A. 1886, 100 L.Ed.2d 425 (1988). On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. We filed suit in the U.S. District Court in Richmond onbehalf of White Tail Park, the American Association for Nude Recreation-East, and three families that wish to send their children to the summer camp arguing that the statute violates the Fourteenth Amendment right to privacy and right to direct the care and upbringing of ones children, as well as the First Amendment right to free association. I. We There was no camp to attend. 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. activities such as arts and crafts, campfire sing-alongs, swimming, and sports. For the reasons stated above, we reverse the order dismissing the First Amendment claim brought by AANR-East for lack of standing and remand for further proceedings. . July 5th, 2005, Precedential Status: 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. 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. 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. 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