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. 114. Ultimately, however, AANR-East was able to operate its youth nudist camp by relocating to a neighboring state. 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. 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. 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. III, 2, cl. On July 15, the district court denied the preliminary injunction after a hearing. Precedential Status: Precedential Docket: 04-2002 Filed: 2005-07-05 Precedential Status: Precedential Docket: 04-2002 Open navigation menu Close suggestionsSearchSearch enChange Language close menu Language English(selected) espaol portugus Copyright 2023, Thomson Reuters. 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. Only eleven campers would have been able to attend in light of the new restrictions. To the extent White Tail claims a First Amendment interest, we have been offered no supporting facts. Thus, a case is moot when the issues presented are no longer'live' or the parties lack a legally cognizable interest in the outcome. Powell v. McCormack, 395 U.S. 486, 496, 89 S.Ct. 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. J.A. To the extent White Tail claims a First Amendment interest, we have been offered no supporting facts. J.A. 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. 1. 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. As for the anonymous plaintiffs, however, we agree with the district court that their claims are moot. 2001). ; D.H., on behalf of themselves and their minor children, I.P. Fast Food, Ice Cream & Frozen Yogurt, Burgers . 2130 (internal quotation marks omitted). 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. Raines v. Byrd, 521 U.S. 811, 818, 117 S. Ct. 2312, 138 L. Ed. 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."). and B.P. From Free Law Project, a 501(c)(3) non-profit. WHAT THE COURT HELD Case:White Tail Park et al. 2d 210 (1998). 2130, that was "concrete, particularized, and not conjectural or hypothetical." 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. AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. 114. J.A. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack 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." This case has not yet been cited in our system. 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. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. 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. R. Civ. Upon those two bases, the district court granted the Commissioner's motion to dismiss the claims of AANR-East and White Tail for lack of standing. John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. 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. ACLU of Virginia files petition asserting Virginias marriage code Keep Classrooms a Free & Open Space for Learning. "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." 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. 1003, 140 L.Ed.2d 210 (1998). See Meyer v. Grant, 486 U.S. 414, 422-23, 108 S.Ct. Judge Traxler wrote the opinion, in which Judge Duncan and, Rebecca Kim Glenberg, AMERICAN CIVIL LIBER-. We think this is sufficient for purposes of standing. 16. 2d 450 (1976)), cert. 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. 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 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. 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. and B.P. 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. 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. Stroube, 04-2002 (4th Cir. In June 2003, AANR-East opened a week-long, Park") operated by White Tail near Ivor, Virginia. The camp is highly supervised and there is no indication that any sexual activity takes place or that children are physically or psychologically harmed in any way. A total of 32 campers attended the 2003 summer camp at White Tail Park. 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. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S. Ct. 2130, 119 L. Ed. 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. at 561, 112 S.Ct. J.A. See FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 231, 110 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. 16. 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. Although the City's motion invokes Rules 12 (b) (1) and 12 (b) (6), its memorandum only addresses O'Connor's standing. 57. Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Judge STAMP joined. We turn, briefly, to White Tail. 16. Friends for Ferrell Parkway, LLC v. Stasko, 282 F.3d 315, 320 (4th Cir. Although the district court used the term organizational standing in its oral decision from the bench, it is clear the court was referring to the associational standing that is derived from the standing of the organization's individual members. III, 2, cl. 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. Affirmed in part, reversed in part, and remanded by published opinion. 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." White Tail Park, Inc. v. Stroube, 413 F.3d 451, 460-61 (4th Cir. 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. White Tank Mountain Regional Park 20304 W. White Tank Mountain Road Waddell, AZ 85355 (602) 506-2930 ext. 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. 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. White Tail Resort :: A Family Nudist Resort, Ivor: See 22 traveler reviews, 3 candid photos, and great deals for White Tail Resort :: A Family Nudist Resort, ranked #1 of 1 specialty lodging in Ivor and rated 4.5 of 5 at Tripadvisor. Lujan v. Defenders of Wildlife, 504 U.S. 555, 561 (1992). 1991). We affirm in part, reverse in part, and remand for further proceedings. reverse in part, and remand for further proceedings. 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. , 521 U.S. 811, 818, 117 S. Ct. 2312, 138 L. Ed the White. A week-long, Park '' ) operated by White Tail near Ivor, Virginia, Appellee... 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