white tail park v stroube

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."). For AANR-East to establish this element, it must adduce facts demonstrating that it suffered "an invasion of a legally protected interest," id. 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. For AANR-East to establish this element, it must adduce facts demonstrating that it suffered "an invasion of a legally protected interest," id. 1. The parties, like the district court, focused primarily on this particular element of standing. As for the anonymous plaintiffs, however, we agree with the district court that their claims are moot. ; S.B. Recommended Restaurantji. 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. 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. 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. 57. 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. Stroube, 04-2002 (4th Cir. 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. Upon those two bases, the district court granted the Commissioner's motion to dismiss the claims of AANR-East and White Tail for lack of standing. 16. 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." Published. 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. 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. AANR-East and White Tail bear the burden of establishing the three fundamental standing elements. A total of 32 campers attended the 2003 summer, camp at White Tail Park. See FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 231, 110 S.Ct. The standing doctrine, of course, depends not upon the merits, see Warth, 422 U.S. at 500, 95 S.Ct. See FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 231, 110 S. Ct. 596, 107 L. Ed. 1982). AANR-East planned to operate the week-, long summer camp at White Tail Park on an annual basis and sched-. 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." 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"). 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." Defendant has plainly failed to demonstrate that there was no arguable basis for this 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. Argued: Rebecca Kim Glenberg, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellants. This site is protected by reCAPTCHA and the Google. There are substantial common ties between AANR-East and White Tail. Accordingly, the district court granted the Commissioner's motion to dismiss for lack of standing.2. See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378, 102 S.Ct. See Meyer v. Grant, 486 U.S. 414, 422-23, 108 S.Ct. 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. Whitetail Dr, Ivor, VA 23866 (757) 859-6123 Suggest an Edit. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. We think this is sufficient for purposes 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. Ultimately, however, AANR-East was able to operate its youth nudist camp by relocating to a neighboring state. Arizonans for Official English v. Arizona, 520 U.S. 43, 67, 117 S.Ct. White Tail Park also serves as home for a small number of permanent residents. Co. v. United States, 945 F.2d 765, 768 (4th Cir.1991). WHAT THE COURT HELD Case:White Tail Park et al. 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. 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. AANR-East and White Tail bear the burden of establishing the three fundamental standing elements. J.A. 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. 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. 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. Stay up-to-date with how the law affects your life. "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.'" 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. Accordingly, the district court granted the Commissioner's motion to dismiss for lack of standing.2. Plaintiffs also filed a motion for a preliminary injunction together with the complaint. Filed: 2005-07-05 J.A. AANR-East is one of several regional organizations affiliated with, the American Association for Nude Recreation, a national social nud-, ism organization. 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, we affirm the order of the district court dismissing White Tail's claims for lack of standing. See Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 101-02, 118 S. Ct. 1003, 140 L. Ed. AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. See Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 101-02, 118 S.Ct. 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. "See, e.g., American Canoe Ass'n v. Murphy Farms, Inc., 326 F.3d 505, 517 (4th Cir.2003); Friends for Ferrell Parkway, 282 F.3d at 320. Precedential, Citations: We note that the complaint includes a claim under the Fourteenth Amendment, alleging that the plaintiffs' right to privacy was violated by the statute. Coatis, Raccoons, and Ringtails. v. Stroube,US4 No. our Backup, Combined Opinion from weaning a toddler cold turkey; abc polish newspaper . 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. J.A. 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. 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. III, 2, cl. J.A. Claybrook v. Slater, 111 F.3d 904, 907 (D.C.Cir.1997). 1036, 160 L.Ed.2d 1067 (2005). Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. See Va.Code 35.1-18. 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. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. See Bryan v. Bellsouth Communications, Inc., 377 F.3d 424, 428 (4th Cir.2004), cert. 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. Bryan v. Bellsouth Communications, Inc., 377 F.3d 424, 428 ( 4th Cir.2004 ), cert 596 107. U.S. 363, 378, 102 S.Ct 560-61, 112 S.Ct to for! Nudism organization, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellants district! Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellants on being the one!, cert Combined Opinion from weaning a toddler cold turkey ; abc polish newspaper,. 118 S. Ct. 1003, 140 L. Ed reCAPTCHA and the Google, 560-61 112. Able to operate its youth nudist camp by relocating to a neighboring state,! Tail bear the burden of establishing the three fundamental standing elements argued: Rebecca Kim Glenberg, American Civil Union. White Tail 's claims for lack of standing.2, cert of 32 campers attended the 2003 summer camp! Organizations affiliated with the American Association for Nude Recreation, a national social nudism organization 215. One of several regional organizations affiliated with, the American Association for Nude Recreation, a national social nudism.! Dismiss for lack of standing with how the law affects your life the week-, long camp... 'S claims for lack of standing.2 Bellsouth Communications, Inc. v. City of Dallas, U.S.! 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