Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Judge STAMP joined. 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. 103. Accordingly, the district court granted the Commissioner's motion to dismiss for lack of standing.2. The doctrine of mootness flows from the constitutional limitation of federal court jurisdiction to actual "Cases" or "Controversies." 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. Ultimately, however, AANR-East was able to operate its youth nudist camp by relocating to a neighboring state. July 5th, 2005, Precedential Status: Argued: Rebecca Kim Glenberg, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellants. On July 15, the district court denied the preliminary injunction after a hearing. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S. Ct. 2130, 119 L. Ed. We have generally labeled an organization's standing to bring a claim on behalf of its members associational standing. 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. The parties, like the district court, focused primarily on this particular element of standing. 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. It prefers hard soils with few plants. 57. AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. 2130 (internal quotation marks omitted). 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. van gogh granite price per square foot. 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. 115. Law Project, a federally-recognized 501(c)(3) non-profit. the Court. The Commissioner filed a motion to dismiss the action, arguing that plaintiffs lacked standing to bring suit. A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. 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. Accordingly, in our view, the claims advanced by AANR-East and White Tail continue to present a live controversy. IV. Sign up to receive the Free Law Project newsletter with tips and announcements. Const., art. Recommended Restaurantji. 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. Closed on Sunday. 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. J.A. Roche also serves as president of White Tail. Va.Code 35.1-18 (emphasis added). ; D.H., on behalf of themselves and their minor children, I.P. 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. On July 15, the district court denied the preliminary injunction after a hearing. The third couple was able to arrange their schedule so that they could accompany their children, but sought to enjoin the application of the amended statute because they believed the camp "experience would be more valuable if [the children] were able to spend the week away from us." We have appealed to the Fourth Circuit. Thus, we turn to the injury in fact requirement. 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. (internal quotation marks omitted) (alteration in original), and that any injury will likely "be redressed by a favorable decision," id. ; D.H., on behalf of themselves and their minor children, I.P. 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. 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 regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. 2d 210 (1998). See Bryan v. Bellsouth Communications, Inc., 377 F.3d 424, 428 (4th Cir. White Tail Park v. Stroube, 4th Cir. 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. 2005); see Richmond, Fredericksburg & Potomac R.R. 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. 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. These rulings are not at issue on appeal. AANR-East is one of several regional organizations affiliated with, the American Association for Nude Recreation, a national social nud-, ism organization. Only eleven campers would have been able to attend in light of the new restrictions. 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." A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. 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 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." White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir.2005). 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. 1991). 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. See Meyer v. Grant, 486 U.S. 414, 422-23, 108 S.Ct. 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." at 560, 112 S. Ct. 2130, that was "concrete, particularized, and not conjectural or hypothetical." The standing doctrine, of course, depends not upon the merits, see Warth, 422 U.S. at 500, 95 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. Affirmed in part, reversed in part, and remanded by published opinion. AANR-East has not identified its liberty interest at stake or developed this claim further. "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.'" Friends for Ferrell Parkway, LLC v. Stasko, 282 F.3d 315, 320 (4th Cir. 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. White Tail Park. reverse in part, and remand for further proceedings. The anonymous plaintiffs are parents who intended to send their children to camp at White Tail Park during the last week in July 2004. 1991). 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. 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. 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. 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 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." 2003); Friends for Ferrell Parkway, 282 F.3d at 320. Plaintiffs also filed a motion for a preliminary injunction together with the complaint. 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. On August 10, 2004, the district court held a hearing on the Commissioner's motion to dismiss for lack of standing. 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. See Meyer v. Grant, 486 U.S. 414, 422-23, 108 S.Ct. We affirm in part, reverse in part, and remand for further proceedings. for the Eastern District of Virginia, at Richmond. Thus, "a case is moot when the issues presented are no longer'live' or the parties lack a legally cognizable interest in the outcome." 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. 3 9. 57. 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. 1. See White Tail Park, Inc. v. Stroube, 413 F.3d 451, 458 (4th Cir. "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. WHITE TAIL PARK, INCORPORATED; American Association for Nude Recreation-Eastern Region, Incorporated; K.H. 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. You already receive all suggested Justia Opinion Summary Newsletters. Solicitor General, D. Nelson Daniel, Assistant Attorney General. III, 2, cl. 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. v. Giuliani, 143 F.3d 638, 649 (2nd Cir. Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. 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. Thus, we turn to the injury in fact requirement. 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. (2005) - Free download as PDF File (.pdf) or read online for free. 1998). 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. 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. Precedential Status: Precedential 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. We turn first to the question of mootness. Ultimately, however, AANR-East was able to operate its youth nudist camp by relocating to a neighboring state. White Tail Park also serves as home for a small number of permanent residents. 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. Powell v. McCormack, 395 U.S. 486, 496, 89 S.Ct. Affirmed in part, reversed in part, and remanded by published opinion. The anonymous plaintiffs are parents who intended to send their children to camp at White Tail Park during the last week in July 2004. denied, ___ U.S. ___, 125 S. Ct. 1036, 160 L. Ed. White Tail Park also serves as home for a small number of permanent residents. 2130, 119 L.Ed.2d 351 (1992) (citations and internal quotation marks omitted). 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. 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." 115. We have generally labeled an organization's standing to bring a claim on behalf of its members "associational standing. With VTail's WINNER EVERY TIME Technology, your entire inventory sells at the same pace assuring 100% sell through. 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." On August 10, 2004, the district court held a hearing on the Commissioner's motion to dismiss for lack of standing. 2d 190 (2005). 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. 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. 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." In fact, it applied for the permit prior to the August 10, 2004, hearing on the Commissioner's motion to dismiss. J.A. Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. 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. AANR-East planned to operate the week-, long summer camp at White Tail Park on an annual basis and sched-. 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. J.A. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. 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. Thus, "the scope of a court's authority under Rule 60(a) to make . 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 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. 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. 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. 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. 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 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. 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. Richmond, Fredericksburg & Potomac R.R. 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. . ACLU-VA's Statement on Gov. AANR-East and White Tail bear the burden of establishing the three fundamental standing elements. 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. 57. 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." 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. 9. 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. 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. 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. Const., art. 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. See Lujan, 504 U.S. at 560, 112 S. Ct. 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. Checkers Family Restaurant - 9516 Windsor Blvd. 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. 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. 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. 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