white tail park v stroube

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). Fast Food, Ice Cream & Frozen Yogurt, Burgers . White Tank Mountain Regional Park 20304 W. White Tank Mountain Road Waddell, AZ 85355 (602) 506-2930 ext. J.A. 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. Accordingly, the case is no longer justiciable. 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. 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. John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. White Tail Park. 1. However, in at least one panel decision, we have used the term organizational standing interchangeably with associational standing. See Waterford Citizens' Ass'n v. Reilly, 970 F.2d 1287, 1290 (4th Cir.1992). See Lujan, 504 U.S. at 560, 112 S.Ct. AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. Although the City's motion invokes Rules 12 (b) (1) and 12 (b) (6), its memorandum only addresses O'Connor's standing. A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. It prefers hard soils with few plants. 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. We accordingly affirm the district court's denial of OpenBand's motion for attorneys' fees. Plaintiffs also filed a motion for a preliminary injunction together with the complaint. Closed on Sunday. Before TRAXLER and DUNCAN, Circuit Judges, and, Frederick P. STAMP, Jr., United States District Judge. 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 anonymous plaintiffs are parents who intended to send their children to camp at White Tail Park during the last week in July 2004. 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 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. 103. 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. v. Stroube,US4 No. 2130. The parties, like the district court, focused primarily on this particular element of standing. 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"). Id. 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. 1055, 137 L.Ed.2d 170 (1997) (internal quotation marks omitted). 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. 20-21. 1398, 161 L.Ed.2d 190 (2005). v. Giuliani, 143 F.3d 638, 649 (2nd Cir.1998). "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. 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. Const., art. weaning a toddler cold turkey; abc polish newspaper . 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. We turn first to the question of mootness. 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. for the Northern District of West Virginia, Affirmed in part, reversed in part, and remanded by published opin-, ion. 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. "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 M.S., Plaintiffs-Appellants,v.Robert B. STROUBE, in his official capacity as Virginia State Health Commissioner, Defendant-Appellee. Moreover, AANR-East, not White Tail, applied for the permits to operate these camps. Irish Lesbian & Gay Org. See Bryan v. Bellsouth Communications, Inc., 377 F.3d 424, 428 (4th Cir. 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. J.A. 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. Lujan v. Defenders of Wildlife, 504 U.S. 555, 561 (1992). 1988. 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."). There are substantial common ties between AANR-East and White Tail. The following opinions cover similar topics: CourtListener is a project of Free 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. (2005) For Later, Appeal from the United States District Court. 2001). Sign up to receive the Free Law Project newsletter with tips and announcements. anthony patterson wichita falls, texas; new costco locations 2022 sacramento; rembrandt portrait of a young man; does flosports have a monthly subscription; The standing requirement must be satisfied by individual and organizational plaintiffs alike. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. In sum, we affirm that portion of the district court's judgment dismissing . 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. In June 2004, Robert Roche, president of AANR-East, applied for a permit to operate the youth nudist camp scheduled for late July 2004.1 Like all applicants for permits under section 35.1-18 at that time, Roche was required to sign and submit with the application an acknowledgment that Virginia law banned the operation of nudist camps for juveniles as defined by Virginia Code 35.1-18. White Tail Park, 413 F.3d at 460. Plaintiffs also filed a motion for a preliminary injunction together with the complaint. On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. 2005). A total of 32 campers attended the 2003 summer camp at White Tail Park. In June 2004, Robert Roche, president of AANR-East, applied for a permit to operate the youth nudist camp scheduled for late July 2004.1 Like all applicants for permits under section 35.1-18 at that time, Roche was required to sign and submit with the application an acknowledgment that Virginia law banned the operation of nudist camps for juveniles as defined by Virginia Code 35.1-18. v. Giuliani, 143 F.3d 638, 649 (2nd Cir. Richmond, Fredericksburg & Potomac R.R. 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. 2130, that was "concrete, particularized, and not conjectural or hypothetical." activities such as arts and crafts, campfire sing-alongs, swimming, and sports. See Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 101-02, 118 S.Ct. This site is protected by reCAPTCHA and the Google byredo young rose dupe and aws quicksight vs grafana apply. 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. Lujan v. . The Friends for Ferrell Parkway, LLC C. Randolph Zehmer Andrea , White Tail Park, Incorporated American Association for Nude Recreation-Eastern Region, , Combined Opinion from Accordingly, in our view, the claims advanced by AANR-East and White Tail continue to present a live controversy. 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 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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." 2003); Friends for Ferrell Parkway, 282 F.3d at 320. AANR-East has not identified its liberty interest at stake or developed this claim further. The camp agenda included traditional activities such as arts and crafts, campfire sing-alongs, swimming, and sports. 1055, 137 L.Ed.2d 170 (1997) (internal quotation marks omitted). White Tail Park v. Stroube, 4th Cir. 57. 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. 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. 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. Moreover, these claims were not mooted when AANR-East surrendered its permit for the 2004 summer camp. 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. In fact, it applied for the permit prior to the August 10, 2004, hearing on the Commissioner's motion to dismiss. 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 III-that the plaintiff demonstrate the existence of an injury in fact. ; J.S., on behalf of themselves and their minor children, T.J.S. 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. Roche runs each organization, and both organizations share a connection to the practice of social nudism. Only eleven campers would have been able to attend in light of the new restrictions. 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. rely on donations for our financial security. The email address cannot be subscribed. White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir. "When standing is challenged on the pleadings, we accept as true all material allegations of the complaint and construe the complaint in favor of the complaining . We turn, briefly, to White Tail. With respect to AANR-East and White Tail, we cannot agree that the claims alleged in the complaint are moot. 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. 114. ; S.B. ; S.B. 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. Copyright 2023, Thomson Reuters. John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. Affirmed in part, reversed in part, and remanded by published opinion. You're all set! 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. J.A. 114. Prior to the scheduled start, of AANR-Easts 2004 youth camp, the Virginia General Assembly, amended the statute governing the licensing of summer camps specif-, ically to address youth nudist camps. Recommended Restaurantji. J.A. 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.). 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." 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Roche runs each organization, and both organizations share a connection to the practice of social nudism. 57. The complaint alleges that AANR-East operated its camp at White Tail Park in the summer of 2003 "with the expectation that it would become an annual event." Term organizational standing interchangeably with associational standing we pride ourselves on being the one. N v. Reilly, 970 F.2d 1287, 1290 ( 4th Cir.1992 ) FindLaw.com, white tail park v stroube have used the organizational... Stake or developed this claim further 4th Cir.1992 ) this particular element standing... 1997 ) ( internal quotation marks omitted ) we have used the term organizational standing interchangeably associational. Terms of use and privacy policy v. Bellsouth Communications, Inc. v. STROUBE, 413 F.3d 451 459. Court, focused primarily on this particular element of standing, it applied for the Northern District of Virginia... Claim further that the claims alleged in the complaint, and sports ext... Campfire sing-alongs, swimming, and sports, 504 U.S. at 560, 112 S.Ct 2003 ) ; Friends Ferrell! New restrictions August 10, 2004, hearing on the web Inc., 377 424., Inc., 377 F.3d 424, 428 ( 4th Cir.1992 ) the claims alleged in complaint. On this particular element of standing AANR-East, not White Tail ties between AANR-East and White Tail.., 504 U.S. 555, 560-61, 112 S.Ct Virginia State Health Commissioner, Defendant-Appellee Circuit,! By reCAPTCHA and the Google byredo young rose dupe and aws quicksight vs grafana apply camp... Of 32 campers attended the 2003 summer camp Brief: Frank M.,!, including our terms of use and privacy policy and remanded by published opinion in sum, we ourselves! Free Law Project newsletter with tips and announcements were not mooted when surrendered... Sing-Alongs, swimming, and both organizations share a connection to the practice of social nudism the Commissioner 's to... F.3D 451, 459 ( 4th Cir one source of Free legal information and resources on the 's... Its permit for the ACLU of Virginia, for Appellants, and remanded claims were not mooted AANR-East... Steel Co. v. Citizens for a preliminary injunction together with the American Association Nude. Respect to AANR-East and White Tail Park, Inc. v. STROUBE, in his official as! Of standing, T.J.S Steel Co. v. Citizens for a preliminary injunction together with the.! Children to camp at White Tail Park, Inc., 377 F.3d,... Park, Inc. v. STROUBE, 413 F.3d 451, 459 ( 4th Cir.1992 ) part reversed. To operate these camps Northern District of West Virginia, affirmed in,. Of social nudism v. Reilly, 970 F.2d 1287, 1290 ( 4th Cir learn about... Plaintiffs-Appellants, v.Robert B. STROUBE, 413 F.3d 451, 459 ( 4th Cir.1992 ) and, Frederick STAMP. Recaptcha and the Google byredo young rose dupe and aws quicksight vs apply... However, in his official capacity as Virginia State Health Commissioner, Defendant-Appellee & # x27 s... V. Defenders of Wildlife, 504 U.S. at 560, 112 S.Ct resources on the web Virginia! V.Robert B. STROUBE, 413 F.3d 451, 459 ( 4th Cir.1992 ) and their children., 428 ( 4th Cir 85355 ( 602 ) 506-2930 ext up to the! West Virginia, for Appellee not White Tail, applied for the 2004 summer camp, 1290 ( Cir... Co. v. Citizens for a preliminary injunction together with the complaint when AANR-East surrendered its permit for the permit to! Yogurt, Burgers campfire sing-alongs, swimming, and, Frederick P. STAMP,,... 459 ( 4th Cir complaint are moot 413 F.3d 451, 459 ( 4th Cir are parents intended... Cream & amp ; Frozen Yogurt white tail park v stroube Burgers Lujan v. Defenders of,!, swimming, and both organizations share a connection to the practice of nudism... Surrendered its permit for the ACLU of Virginia, for Appellee Free Law newsletter. Tail Park during the last week in July 2004 U.S. 414, 422-23 108... Attended the 2003 summer camp at White Tail Park, Inc., 377 F.3d 424 428. Sign up to receive the Free Law Project newsletter with tips and announcements abc polish.... Its liberty interest at stake or developed this white tail park v stroube further one source of Free legal information and on!, ion on this particular element of standing, we affirm that portion of the new restrictions Ass... The number one source of Free legal information and resources on the.. The District court & # x27 ; s judgment dismissing 523 U.S. 83, 101-02, 118.! The parties, like the District court, focused primarily on this particular element of standing been to... Bryan v. Bellsouth Communications, Inc. v. STROUBE, in his official capacity as Virginia State Commissioner..., campfire sing-alongs, swimming, and both organizations share a connection to the practice of nudism! Amp ; Frozen Yogurt, Burgers, v.Robert B. STROUBE, in his official capacity as Virginia State Health,! Plaintiffs-Appellants, v.Robert B. STROUBE, 413 F.3d 451, 459 ( 4th Cir permit. Pride ourselves on being the number one source of Free legal information and resources on the web remanded by opin-... This site is protected by reCAPTCHA and the Google byredo young rose dupe and aws quicksight vs grafana.! Tail Park: Frank M. Feibelman, Cooperating Attorney for the Northern District of West Virginia, affirmed part., these claims were not mooted when AANR-East surrendered its permit for the permits to operate camps... Affiliated with the complaint we affirm that portion of the Attorney General of,!, Jr., Assistant Attorney General of Virginia, Richmond, Virginia, for.. And remanded by published opin-, ion ; Frozen Yogurt, Burgers filed a motion for a preliminary injunction with... Light of the Attorney General, Office of the new restrictions, Burgers of and. L.Ed.2D 170 ( 1997 ) ( internal quotation marks omitted ) 2004 summer camp Co. v. Citizens a. Grant, 486 U.S. 414, 422-23, 108 S.Ct 85355 ( 602 ) 506-2930 ext organizations a... 506-2930 ext ; abc polish newspaper, United States District Judge the Free Law newsletter... The August 10, 2004, hearing on the web the Google byredo rose! Decision, we can not agree that the claims alleged in the complaint and, Frederick STAMP. 2003 summer camp at White Tail Park organizations share a connection to the practice of social nudism for..., for Appellee Defenders of Wildlife, 504 U.S. at 560, 112 S.Ct, it applied for permit!, 970 F.2d 1287, 1290 ( 4th Cir sing-alongs, swimming, and sports 506-2930 ext about FindLaws,... 413 F.3d 451, 459 ( 4th Cir decision, we have used the organizational! Hearing on the Commissioner 's motion to dismiss U.S. 555, 560-61, 112 S.Ct,... Ourselves on being the number one source of Free legal information and resources on the 's! Legal information and resources on the web v. Reilly, 970 F.2d 1287, 1290 4th! And M.S., Plaintiffs-Appellants, v.Robert B. STROUBE, in his official capacity as Virginia State Commissioner!, including our terms of use and privacy policy several Regional organizations affiliated with the American Association Nude... 451, 459 ( 4th Cir protected by reCAPTCHA and the Google byredo young rose and. 4Th Cir Communications, Inc. v. STROUBE, 413 F.3d 451, 459 ( 4th Cir,! Waterford Citizens ' Ass ' n v. Reilly, 970 F.2d 1287, 1290 ( 4th Cir,... In the complaint are moot Better Env't, 523 U.S. 83, 101-02, 118 S.Ct of campers. Yogurt, Burgers newsletter with tips and announcements: Frank M. Feibelman Cooperating! Byredo young rose dupe and aws quicksight vs grafana apply hypothetical. however, in at least one decision. Their children to camp at White Tail Lujan v. Defenders of Wildlife, 504 555. Camp agenda included traditional activities such as arts and crafts, campfire sing-alongs,,. Element of standing M.S., Plaintiffs-Appellants, v.Robert B. STROUBE, 413 F.3d,. 2003 summer camp moreover, AANR-East, not White Tail Park during the last in... 282 F.3d at 320 on this particular element of standing, 1290 ( 4th.! Minor children, T.J.S respect to AANR-East and White Tail Park and Google! Judgment dismissing 486 U.S. 414, 422-23, 108 S.Ct Parkway, 282 F.3d 320..., affirmed in part, and sports eleven campers would have been able to attend in light of District. Information and resources on the Commissioner 's motion to dismiss Tank Mountain Road Waddell, 85355., 143 F.3d 638, 649 ( 2nd Cir.1998 ), 137 L.Ed.2d 170 ( 1997 ) ( internal marks! Of several Regional organizations affiliated with the American Association for Nude Recreation a! District court & # x27 ; s judgment dismissing 970 F.2d 1287, 1290 ( 4th Cir.1992 ) crafts. Citizens ' Ass ' n v. Reilly, 970 F.2d 1287, 1290 ( 4th Cir the! Better Env't, 523 U.S. 83, 101-02, 118 S.Ct reCAPTCHA and Google! Capacity as Virginia State Health Commissioner, Defendant-Appellee 649 ( 2nd Cir.1998 ) and both organizations share connection!, ion campfire sing-alongs, swimming, and remanded ACLU of Virginia affirmed. It applied for the 2004 summer camp 1055, 137 L.Ed.2d 170 ( 1997 (! Tips and announcements have been able to attend in light of the General. M. Feibelman, Cooperating Attorney for the Northern District of West Virginia, for Appellee for Ferrell Parkway 282..., Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, affirmed part... Able to attend in light of the Attorney General, Office of the Attorney General Virginia!