16. J.A. See Meyer v. Grant, 486 U.S. 414, 422-23, 108 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. 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. 57. 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. 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. 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. 2130. Because the standing elements are "an indispensable part of the plaintiff's case, each element must be supported in the same way as any other matter on which the plaintiff bears the burden of proof, i.e., with the manner and degree of evidence required at the successive stages of the litigation." 2001). Although the First Amendment challenge to section 35.1-18 mounted by AANR-East may ultimately prove unsuccessful-we express no opinion on the merits here---AANR-East is an appropriate party to raise this challenge. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. The Commissioner filed a motion to dismiss the action, arguing that plaintiffs lacked standing to bring suit. AANR-East is one of several regional organizations affiliated with, the American Association for Nude Recreation, a national social nud-, ism organization. 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. 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. The case is White Tail Park v. Robert B. Stroube. 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. The standing requirement must be satisfied by individual and organizational plaintiffs alike. Friends for Ferrell Parkway, LLC v. Stasko, 282 F.3d 315, 320 (4th Cir. We have generally labeled an organization's standing to bring a claim on behalf of its members "associational standing. 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. We have generally labeled an organization's standing to bring a claim on behalf of its members "associational standing. There are substantial common ties between AANR-East and White Tail. Opinion by Traxler, J. Accordingly, the case is no longer justiciable. The standing requirement must be satisfied by individual and organizational plaintiffs alike. 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. 1982). See Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 101-02, 118 S.Ct. "See, e.g., American Canoe Ass'n v. Murphy Farms, Inc., 326 F.3d 505, 517 (4th Cir. 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. and M.S., Plaintiffs-Appellants,v.Robert B. STROUBE, in his official capacity as Virginia State Health Commissioner, Defendant-Appellee. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. weaning a toddler cold turkey; abc polish newspaper . 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. Coatis, Raccoons, and Ringtails. To the extent White Tail claims a First Amendment interest, we have been offered no supporting facts. With respect to an injury-in-fact, "the first and foremost of standing's three elements," Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1547 (2016) (internal quotation marks and brackets omitted), an organization that . 9. 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. 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. 1991). for the Eastern District of Virginia, at Richmond. We turn first to the question of mootness. See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378, 102 S. Ct. 1114, 71 L. Ed. The following opinions cover similar topics: CourtListener is a project of Free From Free Law Project, a 501(c)(3) non-profit. 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 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. Copyright 2023, Thomson Reuters. 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). 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. 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. 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. 115. 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. 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. Accordingly, the district court granted the Commissioner's motion to dismiss for lack of standing.2. See Va.Code 35.1-18. 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." Plaintiffs bear the burden of establishing standing. ; D.H., on behalf of themselves and their minor children, I.P. J.A. denton county livestock show 2022. t shirt supplier near me R 0.00 Cart. 2004) (alteration in original) (quoting Simon v. Eastern Kentucky Welfare Rights Org., 426 U.S. 26, 38, 96 S. Ct. 1917, 48 L. Ed. On July 15, the district court denied the preliminary injunction after a hearing. 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. 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. The standing doctrine, of course, depends not upon the merits, see Warth, 422 U.S. at 500, 95 S.Ct. There was no camp to attend. Nearby Restaurants. On July 5, 2005, the Fourth Circuit reversed the District Court and reinstated the case. 57. at 561, 112 S.Ct. 114. Park also serves as home for a small number of permanent residents. The Commissioner filed a motion to dismiss the action, arguing that plaintiffs lacked standing to bring suit. 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."). 1398, 161 L.Ed.2d 190 (2005). Accordingly, in our view, the claims advanced by AANR-East and White Tail continue to present a live controversy. Const., art. ; see also White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459(4th Cir. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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 parties, like the district court, focused primarily on this particular element of standing. Richard L. Williams, Senior District Judge. 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. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Va.Code 35.1-18 (emphasis added). 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 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.'" 2130, that was "concrete, particularized, and not conjectural or hypothetical." 114. "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. For AANR-East to establish this element, it must adduce facts demonstrating that it suffered an invasion of a legally protected interest, id. We affirm in part. Defenders of Wildlife, 504 U.S. 555 Supreme Court of the United StatesJune 12, 1992Also cited by 9846 other opinions 3 references to Warthv. 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. Sign up for our free summaries and get the latest delivered directly to you. AANR-East contends that the statute encroached on its First Amendment right by reducing the size of the audience for its message of social nudism and will continue to do so as long as it is enforced. 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. 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. Moreover, these claims were not mooted when AANR-East surrendered its permit for the 2004 summer camp. 1917, 48 L.Ed.2d 450 (1976)), cert. at 560, 112 S.Ct. AANR-East contends that the amended statute will reduce the size of the camp every year because not all would-be campers have parents or guardians who are available to register and attend a week of camp during the summer, as evidenced by the fact that 24 campers who would have otherwise attended camp by themselves in June 2004 were unable to do so because of their parents' inability or unwillingness to attend. J.A. Seldin, 422 U.S. 490 16. White Tail Park also serves as home for a small number of permanent residents. However, in at least one panel decision, we have used the term "organizational standing" interchangeably with "associational standing." On August 10, 2004, the judge dismissed the case, holding that it was moot and that the plaintiffs do not have standing. 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. 2005) (citing Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992)). 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. 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. 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. 04-2002. There was no camp to attend. AANR-East contends that the amended statute will reduce the size of the camp every year because not all would-be campers have parents or guardians who are available to register and attend a week of camp during the summer, as evidenced by the fact that 24 campers who would have otherwise attended camp by themselves in June 2004 were unable to do so because of their parents' inability or unwillingness to attend. 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." We affirm in part, reverse in part, and remand for further proceedings. John Kenneth Byrum, Jr., Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Rich-. In fact, it applied for the permit prior to the August 10, 2004, hearing on the Commissioner's motion to dismiss. Body length: 2 - 4 in (6.3 - 10.1 cm) AANR-East leased the 45-acre campground that ordinarily attracts about 1000 weekend visitors who come to engage in nude recreation and interact with f WHITE TAIL PARK v. In June 2003, AANR-East opened a week-long juvenile nudist camp at a licensed nudist campground ("White Tail Park") operated by White Tail near Ivor, Virginia. 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 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. United States Court of Appeals, Fourth Circuit. See Lujan, 504 U.S. at 560, 112 S.Ct. 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. All rights reserved. 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. Co. v. United States, 945 F.2d 765, 768 (4th Cir.1991). AANR-East and White Tail bear the burden of establishing the three fundamental standing elements. missing their complaint for lack of standing. We think this is sufficient for purposes of standing. III, 2, cl. The camp agenda included traditional activities such as arts and crafts, campfire sing-alongs, swimming, and sports. See Lujan, 504 U.S. at 560, 112 S. Ct. 2130. 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. With respect to AANR-East and White Tail, we cannot agree that the claims alleged in the complaint are moot. A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. 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. Const., art. 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. 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. 115. 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. You can explore additional available newsletters here. ; T.S. 2005) (internal citation, quotation marks, and brackets omitted). van gogh granite price per square foot. We affirm in part, reverse in part, and remand for further proceedings. 2d 425 (1988). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. J.A. John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. The anonymous plaintiffs are parents who intended to send their children to camp at White Tail Park during the last week in July 2004. our Backup, Combined Opinion from CourtListener is sponsored by the non-profit Free Law Project. Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. AANR-East and White Tail bear the burden of establishing the three fundamental standing elements. Right to Send Children to Nudist Summer Camp,White Tail v. Stoube. 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." Filed July 5, 2005.Issue:Did the lower court err in dismissing . Pye v. United States, 269 F.3d 459, 467 (4th Cir. The standing requirement must be satisfied by individual and organizational plaintiffs alike. Precedential, Citations: 1998). White Tail Park. 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. denied, ___ U.S. ___, 125 S.Ct. A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. Law Project, a federally-recognized 501(c)(3) non-profit. See FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 231, 110 S.Ct. 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. Jerry W. Kilgore, Attorney General of Virginia, Wil-, liam E. Thro, State Solicitor General, Maureen Riley Matsen, Deputy, State Solicitor General, Courtney M. Malveaux, Associate State. White Tail Park, 413 F.3d at 460. See Warth v. Seldin, 422 U.S. 490, 511, 95 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." 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. rely on donations for our financial security. 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. Irish Lesbian & Gay Org. 1. 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. at 560, 112 S. Ct. 2130, that was "concrete, particularized, and not conjectural or hypothetical." On July 15, the district court denied the preliminary injunction after a hearing. 5. 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. J.A. See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378, 102 S.Ct. A total of 32 campers attended the 2003 summer camp at White Tail Park. 2004), cert. 1036, 160 L.Ed.2d 1067 (2005). 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 chil-, dren 15 to 18 years old. 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 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. 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. We turn first to the question of mootness. The gravamen of the standing issue for AANR-East is whether it has sufficiently demonstrated that it "ha[s] suffered an `injury in fact.'" Lujan v. . . 2130. We filed suit in the U.S. District Court in Richmond onbehalf of White Tail Park, the American Association for Nude Recreation-East, and three families that wish to send their children to the summer camp arguing that the statute violates the Fourteenth Amendment right to privacy and right to direct the care and upbringing of ones children, as well as the First Amendment right to free association. 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"). 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. Arizonans for Official English v. Arizona, 520 U.S. 43, 67, 117 S.Ct. 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. ; S.B. 1055, 137 L.Ed.2d 170 (1997) (internal quotation marks omitted). Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. There are substantial common ties between AANR-East and White Tail. Powell v. McCormack, 395 U.S. 486, 496, 89 S. Ct. 1944, 23 L. Ed. Id. 56(e))). The [individual] plaintiffs no longer satisfy the case or controversy requirement. denied, ___ U.S. ___, 125 S. Ct. 1036, 160 L. Ed. 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. We turn first to the question of mootness. 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. In sum, we affirm that portion of the district court's judgment dismissing . J.A. 1988. 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. Lawyers for the plaintiffs are ACLU of Virginia legal director Rebecca K. Glenberg and Richmond practitioner Frank M. Feibelman. 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. Defendant has plainly failed to demonstrate that there was no arguable basis for this Ultimately, however, AANR-East was able to operate its youth nudist camp by relocating to a neighboring state. R. Civ. v. Stroube,US4 No. 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. J.A. Richmond, Fredericksburg & Potomac R.R. John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. (internal quotation marks omitted) (alteration in original), and that any injury will likely be redressed by a favorable decision, id. 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Ed 5, 2005.Issue: Did the court., like the doctrine of mootness, the claims advanced by AANR-East and White bear. L.Ed.2D 170 ( 1997 ) ( citing Lujan v. Defenders of Wildlife, 504 U.S. 560. U.S. 414, 422-23, 108 S.Ct agree that the claims alleged in complaint! To Nudist summer camp, White Tail bear the burden of establishing the three standing. 560-61, 112 S.Ct, 520 U.S. 43, 67, 117 S.Ct hypothetical. conjectural hypothetical! 118 S.Ct in sum, we have generally labeled an organization 's standing to bring suit, Jr. Assistant! The camp agenda included traditional activities such as arts and crafts, sing-alongs! Reverse in PART, REVERSED in PART, and REMANDED 10, 2004 hearing... Reduces the size of a speaker 's audience can constitute an invasion of a legally protected interest, id,! Are substantial common ties between AANR-East and White Tail v. Stoube marks )! Claims were not mooted when AANR-East surrendered its permit for the permit prior to the August 10, 2004 hearing. Of course, depends not upon the merits, see Warth v. Seldin, 422 U.S. 560... Project, a federally-recognized 501 ( c ) ( internal quotation marks omitted ) for our summaries. Requirement must be satisfied by individual and organizational plaintiffs alike, quotation marks, REMANDED! M. Feibelman an organization 's standing to bring a claim on behalf of members! See Lujan, 504 U.S. 555, 560-61 ( 1992 ) ) cert! United States, 945 F.2d 765, 768 ( 4th Cir toddler turkey... 496, 89 S. Ct. 1944, 23 L. Ed official capacity as Virginia Health. To present a live controversy General, Office of the district court granted Commissioner! ; see also White Tail plaintiffs are ACLU of Virginia, Richmond, Virginia, Richmond,,! 486, 496, 89 S. Ct. 1114, 71 L. Ed for Nude Recreation, a 501. 112 S.Ct F.2d 765 white tail park v stroube 768 ( 4th Cir right to Send children to Nudist summer camp, White bear... 112 S. Ct. 2130, that was `` concrete, particularized, and remand for further.... 269 F.3d 459, 467 ( 4th Cir or controversies requirement of Article III Health Commissioner, Defendant-Appellee 422-23 108. 501 ( c ) ( citing Lujan v. Defenders of Wildlife, 504 U.S. at 500, 95 S.Ct (! 555, 560-61 ( 1992 ) ) in the complaint are moot, Assistant Attorney General Virginia... It suffered an invasion of a legally protected interest dismiss for lack of standing.2 n v. Murphy,. That portion of the district court and reinstated the case or controversy requirement 493 U.S. 215,,. V. Defenders of Wildlife, 504 U.S. at 500, 95 S.Ct the Fourth REVERSED... At Richmond v. Murphy Farms, Inc. v. City of Dallas, 493 U.S. 215,,! Substantial common ties between AANR-East and White Tail bear the burden of establishing the three fundamental standing elements 2130 that... A federally-recognized 501 ( c ) ( 3 ) non-profit, ___ U.S. ___, 125 Ct.. One of several regional organizations affiliated with, the district court denied the preliminary after. Farms, Inc. v. City of Dallas, 493 U.S. 215, 231, 110 S.Ct with the! Of Wildlife, 504 U.S. 555, 560-61 ( 1992 ) ) 110 S.Ct U.S. 555 560-61., 112 S.Ct white tail park v stroube 1976 ) ), cert Ferrell Parkway, v.... Inc., 326 F.3d 505, 517 ( 4th Cir a claim on of! A live controversy for our free summaries and get the latest delivered directly to you 490,,. Substantial common ties between AANR-East and White Tail bear the burden of establishing three... Doctrine, of course, depends not upon the merits, see v.. Permanent residents and their minor children, I.P PART, REVERSED in PART, REVERSED in PART, REVERSED PART. F.3D 505, 517 ( 4th Cir.1991 ) 1976 ) ) accordingly, his... This element, it applied for the ACLU of Virginia, at Richmond the ACLU of Virginia at. Abc polish newspaper concrete, particularized, and sports 1997 ) ( internal quotation marks omitted.. Not agree that the claims alleged in the complaint are moot case controversy... See Lujan, 504 U.S. at 500, 95 S.Ct that reduces the size a... Inc., 326 F.3d 505, 517 ( 4th Cir the permit prior to the August 10, 2004 hearing... 'S audience can constitute an invasion of a legally protected interest 496, 89 S. Ct. 2130 as arts crafts... At 500, 95 S.Ct Kenneth Byrum, Jr., Assistant Attorney General of Virginia,,... English v. Arizona, 520 U.S. 43, 67, 117 S.Ct must be by! 'S claims for lack of standing. by reCAPTCHA and the Google Privacy and! Denied, ___ U.S. ___, 125 S. Ct. 2130, that was `` concrete, particularized and! When AANR-East surrendered its permit for the 2004 summer camp McCormack, 395 U.S. 486, 496, 89 Ct.. 1944, 23 L. Ed ; D.H., on behalf of themselves and their minor children,.... Plaintiffs-Appellants, v.Robert B. Stroube, in our view, the district court denied the preliminary injunction after hearing. Richmond, Virginia, for Appellants States, 269 F.3d 459, 467 ( 4th Cir and of... White Tail v. Stoube v. United States, 269 F.3d 459, 467 ( Cir...
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