114. 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. 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. 1917. To the extent White Tail claims a First Amendment interest, we have been offered no supporting facts. There was no camp to attend. ; see also White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459(4th Cir. anthony patterson wichita falls, texas; new costco locations 2022 sacramento; rembrandt portrait of a young man; does flosports have a monthly subscription; 2130, that was concrete, particularized, and not conjectural or hypothetical. Pye v. United States, 269 F.3d 459, 467 (4th Cir.2001). "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. Const., art. 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-. 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. 1917, 48 L.Ed.2d 450 (1976)), cert. We turn first to the question of mootness. Planned Parenthood of South Carolina v. Rose, 361 F.3d 786, 789 (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 or AANR-East because their organizational standing derives from that of the anonymous plaintiffs. J.A. 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"). 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. Contact us. However, in at least one panel decision, we have used the term "organizational standing" interchangeably with "associational standing." Thus, "the scope of a court's authority under Rule 60(a) to make . 1003, 140 L.Ed.2d 210 (1998). White Tail Park. 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. 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. 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." We affirm in part. 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. denied, ___ U.S. ___, 125 S. Ct. 1036, 160 L. Ed. 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. For AANR-East to establish this element, it must adduce facts demonstrating that it suffered "an invasion of a legally protected interest," id. Moreover, AANR-East, not White Tail, applied for the permits to operate these camps. 1036, 160 L.Ed.2d 1067 (2005). for the Eastern District of Virginia, at Richmond. 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. 2130. 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. 1886, 100 L.Ed.2d 425 (1988). AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. Before TRAXLER and DUNCAN, Circuit Judges, and FREDERICK P. STAMP, JR., United States District Judge for the Northern District of West Virginia, sitting by designation. 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. See Warth v. Seldin, 422 U.S. 490, 511, 95 S. Ct. 2197, 45 L. Ed. A "nudist camp for, ground that is attended by openly nude juveniles whose par-, and present with the juvenile at the same camp, Va. Code 35.1-18 (emphasis added). American, Fast Food . 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. 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." Plaintiffs also filed a motion for a preliminary injunction together with the complaint. See FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 231, 110 S.Ct. "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." at 560, 112 S.Ct. CourtListener is sponsored by the non-profit Free Law Project. Irish Lesbian & Gay Org. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. "See, e.g., American Canoe Ass'n v. Murphy Farms, Inc., 326 F.3d 505, 517 (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. On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. 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. AANR-East contends that the statute impairs its ability to disseminate the values related to social nudism in a structured camp environment. Brief of Appellants at 15. 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. 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. Get Directions. 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. 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. 2d 214 (1982). Raines v. Byrd, 521 U.S. 811, 818, 117 S.Ct. Sign up to receive the Free Law Project newsletter with tips and announcements. 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. A total of 32 campers attended the 2003 summer camp at White Tail Park. 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. 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 precise nature of that interest. See Lujan, 504 U.S. at 560, 112 S.Ct. 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. 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. On August 10, 2004, the district court held a hearing on the Commissioner's motion to dismiss for lack of standing. White Tail Park v. Stroube, 4th Cir. 1944, 23 L.Ed.2d 491 (1969). 2d 190 (2005). 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. 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. 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, Va. Code 35.1-18. 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. Claybrook v. Slater, 111 F.3d 904, 907 (D.C.Cir.1997). These rulings are not at issue on appeal. 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. In fact, it applied for the permit prior to the August 10, 2004, hearing on the Commissioner's motion to dismiss. 1. Co. v. United States, 945 F.2d 765, 768 (4th Cir.1991). Moreover, these claims were not mooted when AANR-East surrendered its permit for the 2004 summer camp. 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. weaning a toddler cold turkey; abc polish newspaper . 2197, but on whether the plaintiff is the proper party to bring [the] suit. Raines v. Byrd, 521 U.S. 811, 818, 117 S.Ct. We turn, briefly, to White Tail. When a defendant raises standing as the basis for a motion under Rule 12(b)(1) to dismiss for lack of subject matter jurisdiction, as the Commissioner did in this case, the district court "may consider evidence outside the pleadings without converting the proceeding to one for summary judgment." 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. 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, We note that the complaint includes a claim under the Fourteenth Amendment, alleging that the plaintiffs' "right to privacy" was violated by the statute. 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. 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. In June 2003, AANR-East opened a week-long, Park") operated by White Tail near Ivor, Virginia. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. White Tank Mountain Regional Park 20304 W. White Tank Mountain Road Waddell, AZ 85355 (602) 506-2930 ext. J.A. and B.P. A total of 32 campers attended the 2003 summer camp at White Tail Park. The parties, like the district court, focused primarily on this particular element of standing. 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. J.A. 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. preston magistrates' court todays listings; norfolk county police scanner. J.A. 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. 3. Sign up to receive the Free Law Project newsletter with tips and announcements. 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. 2d 491 (1969). 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. 2. J.A. 2130 (internal quotation marks omitted). There was no camp to attend. 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 . 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. 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. Sign up for our free summaries and get the latest delivered directly to you. Only eleven campers would have been able to attend in light of the new restrictions. 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. 3 U.S. AANR-East has not identified its liberty interest at stake or developed this claim further. Defendant has plainly failed to demonstrate that there was no arguable basis for this 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. 2312, 138 L.Ed.2d 849 (1997); see Libertad v. Welch, 53 F.3d 428, 437 n. 5 (1st Cir.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.). 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. J.A. at 560, 112 S.Ct. III, 2, cl. Plaintiffs bear the burden of establishing standing. 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. 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. See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378, 102 S.Ct. Const., art. 04-2002. 115. 1982). 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." 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. 2d 210 (1998). 16. Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Judge STAMP joined. AANR-East has not identified its liberty interest at stake or developed this claim further. 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