Nearby Restaurants. AANR-East contends that the statute impairs its ability to disseminate the "values related to social nudism in a structured camp environment." We turn first to the question of mootness. 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. See Waterford Citizens' Ass'n v. Reilly, 970 F.2d 1287, 1290 (4th Cir. 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. 7 references to Lujanv. Co. v. United States, 945 F.2d 765, 768 (4th Cir. 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. Plaintiffs bear the burden of establishing standing. Powell v. McCormack, 395 U.S. 486, 496, 89 S.Ct. 2130 (internal quotation marks omitted). 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. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. There was no camp to attend. 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. Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Judge STAMP joined. (Stroube is head of the Virginia State Health Commission, which oversees private camps in Virginia.) 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 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. Brief of Appellants at 15. Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. 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. 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. J.A. We 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. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 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. 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. 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. (2005) - Free download as PDF File (.pdf) or read online for free. CourtListener is sponsored by the non-profit Free Law Project. 2004) (alteration in original) (quoting Simon v. Eastern Kentucky Welfare Rights Org., 426 U.S. 26, 38, 96 S. Ct. 1917, 48 L. Ed. at 560, 112 S. Ct. 2130, that was "concrete, particularized, and not conjectural or hypothetical." We affirm in part, reverse in part, and remand for further proceedings. See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378, 102 S.Ct. See Va.Code 35.1-18. To the extent White Tail claims a First Amendment interest, we have been offered no supporting facts. our Backup, Combined Opinion from There was no camp to attend. 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. A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. Read White Tail Park, Inc. v. Stroube, 04-2002. at 560, 112 S.Ct. Sign up for our free summaries and get the latest delivered directly to you. 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. We think this is sufficient for purposes of standing. Richmond, Fredericksburg & Potomac R.R. for the Northern District of West Virginia, Affirmed in part, reversed in part, and remanded by published opin-, ion. 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). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. A total of 32 campers attended the 2003 summer, camp at White Tail Park. Seldin, 422 U.S. 490 A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. 04-2002. Sign up to receive the Free Law Project newsletter with tips and announcements. See FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 231, 110 S.Ct. Copyright 2023, Thomson Reuters. We think this is sufficient for purposes of standing. This case has not yet been cited in our system. 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."). 20-21. See Meyer v. Grant, 486 U.S. 414, 422-23, 108 S.Ct. 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. Filed: 2005-07-05 With respect to AANR-East and White Tail, we cannot agree that the claims alleged in the complaint are moot. On July 5, 2005, the Fourth Circuit reversed the District Court and reinstated the case. 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. To the extent White Tail claims a First Amendment interest, we have been offered no supporting facts. AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. 115. "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." 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. Opinion by Traxler, J. denied, ___ U.S. ___, 125 S.Ct. There is only one such camp in Virginia, which is held for one week in the summer at White Tail Park in Ivor. John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. 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"). Moreover, these claims were not mooted when AANR-East surrendered its permit for the 2004 summer camp. 2d 491 (1969). See Bryan v. Bellsouth Communications, Inc., 377 F.3d 424, 428 (4th Cir.2004), cert. It prefers hard soils with few plants. 2197, but on "whether the plaintiff is the proper party to bring [the] suit." On July 15, the district court denied the preliminary injunction after a hearing. The parties, like the district court, focused primarily on this particular element of standing. 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. Claybrook v. Slater, 111 F.3d 904, 907 (D.C.Cir.1997). 2002). There are substantial common ties between AANR-East and White Tail. The complaint asserts two claims: (1) that section 35.1-18 of the Virginia Code violates plaintiffs' right to privacy and to control the education and rearing of their children under the Fourteenth Amendment; and (2) that section 35.1-18 violates plaintiffs' First Amendment right to free association. To satisfy the constitutional standing requirement, a plaintiff must provide evidence to support the conclusion that: (1) the plaintiff 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. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. 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. Solicitor General, D. Nelson Daniel, Assistant Attorney General. Precedential Status: Precedential 114. See Bryan v. Bellsouth Communications, Inc., 377 F.3d 424, 428 (4th Cir.2004), cert. 1003, 140 L.Ed.2d 210 (1998). 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. Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Judge STAMP joined. 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." 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. White Tail Park v. Stroube, 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. Please try again. 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. AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. Precedential, Citations: Affirmed in part, reversed in part, and remanded by published opinion. AANR-East and White Tail bear the burden of establishing the three fundamental standing elements. Only eleven campers would have been able to attend in light of the new restrictions. We affirm in part, reverse in part, and remand for further proceedings. 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. 2. ; T.S. 2d 1067 (2005). J.A. 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. 103. The anonymous plaintiffs are parents who intended to send their children to camp at White Tail Park during the last week in July 2004. Pye v. United States, 269 F.3d 459, 467 (4th Cir. Published. 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. Moreover, these claims were not mooted when AANR-East surrendered its permit for the 2004 summer camp. 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. 115. 56(e))). the Court. For AANR-East to establish this element, it must adduce facts demonstrating that it suffered "an invasion of a legally protected interest," id. (internal quotation marks omitted) (alteration in original), and that any injury will likely "be redressed by a favorable decision," id. 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. 2d 603 (1990). Arizonans for Official English v. Arizona, 520 U.S. 43, 67, 117 S. Ct. 1055, 137 L. Ed. White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir. See Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 101-02, 118 S.Ct. 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."). ; see also White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459(4th Cir. Before TRAXLER and DUNCAN, Circuit Judges, and, Frederick P. STAMP, Jr., United States District Judge. 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 dis-. J.A. and B.P. 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. Raines v. Byrd, 521 U.S. 811, 818, 117 S. Ct. 2312, 138 L. Ed. AANR-East and White Tail bear the burden of establishing the three fundamental standing elements. J.A. White Tail Park also serves as home for a small number of permanent residents. We first consider whether AANR-East has standing to raise its claims. Get free summaries of new Fourth Circuit U.S. Court of Appeals opinions delivered to your inbox! "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." 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.). J.A. 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. 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. 5. 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"). 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. Nature Center Hours: May 1 - October 31: Open from 7 am to 2 pm Monday through Saturday. 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. The gravamen of the standing issue for AANR-East is whether it has sufficiently demonstrated that it ha[s] suffered an injury in fact. See Lujan, 504 U.S. at 560, 112 S.Ct. 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. John Kenneth Byrum, Jr., Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Rich-. 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. 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. 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. Va.Code 35.1-18 (emphasis added). See Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 101-02, 118 S. Ct. 1003, 140 L. Ed. ; J.B., on behalf of themselves and their minor child, C.B. 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. 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. Implicit in the district court's explanation appears to be the conclusion that AANR-East and White Tail both failed to satisfy the first Lujan requirement for standing under Article IIIthat the plaintiff demonstrate the existence of an injury in fact. (2005) For Later, Appeal from the United States District Court. 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." 1944, 23 L.Ed.2d 491 (1969). 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. 103. We affirm in part, reverse in part, and remand for further proceedings. 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. 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. 1917, 48 L.Ed.2d 450 (1976)), cert. 04-2002. To the extent White Tail claims a First Amendment interest, we have been offered no supporting facts. The parties, like the district court, focused primarily on this particular element of standing. and M.S., Plaintiffs-Appellants, v. Robert B. STROUBE, in his official capacity as Virginia State Health Commissioner, Defendant-Appellee. 1944, 23 L.Ed.2d 491 (1969). The case new restrictions as home for a small number of permanent residents L. Ed anonymous! And DUNCAN, Circuit Judges, and remanded by published opinion `` whether the plaintiff is proper... As Virginia State Health Commission, which is held for one week in July 2004, (... One such camp in Virginia. 118 S. Ct. 1003, 140 L. Ed Jr., United States district.... To you in Ivor for Official English v. Arizona, 520 U.S. 43, 67, 117 S. 1055! New Fourth Circuit U.S. court of Appeals opinions delivered to your inbox Stroube is head of the Attorney of! For Later, Appeal from the cases or controversies requirement of Article III,! Project newsletter with tips and announcements 4th Cir able to attend in light the! 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