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." AANR-East has not identified its liberty interest at stake or developed this claim further. "See, e.g., American Canoe Ass'n v. Murphy Farms, Inc., 326 F.3d 505, 517 (4th Cir. Copyright 2023, Thomson Reuters. The anonymous plaintiffs are parents who intended to send their children to camp at White Tail Park during the last week in July 2004. J.A. 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 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. 2197, but on "whether the plaintiff is the proper party to bring [the] suit." The case is White Tail Park v. Robert B. Stroube. 9. U.S. The standing requirement must be satisfied by individual and organizational plaintiffs alike. 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. AANR-East and White Tail bear the burden of establishing the three fundamental standing elements. 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 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. 1114, 71 L.Ed.2d 214 (1982). A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. 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. Argued: Rebecca Kim Glenberg, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellants. Whitetail Dr, Ivor, VA 23866 (757) 859-6123 Suggest an Edit. 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. 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. 114. Coatis, Raccoons, and Ringtails. White Tail Park, Inc. v. Stroube United States Court of Appeals, Fourth Circuit Jul 5, 2005 413 F.3d 451 (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. 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. 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 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." AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. 114. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. 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." Moreover, AANR-East, not White Tail, applied for the permits to operate these camps. COPYRIGHT MATERIAL OMITTED Argued: Rebecca Kim Glenberg, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellants. 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 anonymous plaintiffs are parents who intended to send their children to camp at White Tail Park during the last week in July 2004. 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). Roche also serves as president of White Tail. 1982). J.A. 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. Roche runs each organization, and both organizations share a connection to the practice of social nudism. We turn first to the question of mootness. III, 2, cl. From Free Law Project, a 501(c)(3) non-profit. There are substantial common ties between AANR-East and White Tail. 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. 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. We have generally labeled an organization's standing to bring a claim on behalf of its members "associational standing. John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Judge STAMP joined. 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. AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. J.A. 2d 491 (1969). The parties, like the district court, focused primarily on this particular element of standing. 115. Ultimately, however, AANR-East was able to operate its youth nudist camp by relocating to a neighboring state. It prefers hard soils with few plants. 16. Claybrook v. Slater, 111 F.3d 904, 907 (D.C.Cir.1997). On July 5, 2005, the Fourth Circuit reversed the District Court and reinstated the case. 2d 450 (1976)), cert. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. See Bryan v. Bellsouth Communications, Inc., 377 F.3d 424, 428 (4th Cir.2004), cert. Closed on Sunday. Moreover, these claims were not mooted when AANR-East surrendered its permit for the 2004 summer camp. Irish Lesbian & Gay Org. 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. The email address cannot be subscribed. 1. 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. activities such as arts and crafts, campfire sing-alongs, swimming, and sports. 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. A total of 32 campers attended the 2003 summer camp at White Tail Park. See Meyer v. Grant, 486 U.S. 414, 422-23, 108 S. Ct. 1886, 100 L. Ed. 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. 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. White Tank Mountain Regional Park 20304 W. White Tank Mountain Road Waddell, AZ 85355 (602) 506-2930 ext. 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." v. Giuliani, 143 F.3d 638, 649 (2nd Cir.1998). AANR-East and White Tail bear the burden of establishing the three fundamental standing elements. 2130, 119 L.Ed.2d 351 (1992) (citations and internal quotation marks omitted). 2005)Copy Citation Download PDF Check Treatment Summary standing inquiry "depends not upon the merits . White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir. The standing requirement must be satisfied by individual and organizational plaintiffs alike. See Waterford Citizens' Ass'n v. Reilly, 970 F.2d 1287, 1290 (4th Cir. ; J.S., on behalf of themselves and their minor children, T.J.S. Stroube, 04-2002 (4th Cir. 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. 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. 596, 107 L.Ed.2d 603 (1990). 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. 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. 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. 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. 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. 103. ; S.B. Irish Lesbian & Gay Org. reverse in part, and remand for further proceedings. 115. We first consider whether AANR-East has standing to raise its claims. 1. On August 10, 2004, the district court held a hearing on the Commissioner's motion to dismiss 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. To satisfy the constitutional standing requirement, a plaintiff must provide evidence to support the conclusion that: (1) "the plaintiff suffered an injury in factan 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." Opinion by Traxler, J. 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. 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 Friends for Ferrell Parkway, LLC C. Randolph Zehmer Andrea , White Tail Park, Incorporated American Association for Nude Recreation-Eastern Region, , Combined Opinion from 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 . 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. Powell v. McCormack, 395 U.S. 486, 496, 89 S.Ct. White Tail. When at rest, it often wags its banded black and white tail that give the zebra-tailed lizard its name. 5. See Meyer v. Grant, 486 U.S. 414, 422-23, 108 S.Ct. 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. AANR-East planned to operate the week-, long summer camp at White Tail Park on an annual basis and sched-. 2130. Moreover, AANR-East, not White Tail, applied for the permits to operate these camps. The doctrine of mootness flows from the constitutional limitation of federal court jurisdiction to actual Cases or Controversies. U.S. 2005) (citations and quotations omitted). ACLU of Virginia files petition asserting Virginias marriage code Keep Classrooms a Free & Open Space for Learning. 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. 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. See Lujan, 504 U.S. at 560, 112 S.Ct. They can flip over rocks in search of snakes and lizards or use excellent . 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. 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. 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"). 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