white tail park v stroube

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. 1114, 71 L.Ed.2d 214 (1982). 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. 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." and M.S., Plaintiffs-Appellants,v.Robert B. STROUBE, in his official capacity as Virginia State Health Commissioner, Defendant-Appellee. 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. And, although AANR-East relocated its camp in 2004, it has already applied for a permit to operate the camp at White Tail Park in the summer of 2005. Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Judge STAMP joined. Whitetail Dr, Ivor, VA 23866 (757) 859-6123 Suggest an Edit. 115. To satisfy the constitutional standing requirement, a plaintiff must provide evidence to support the conclusion that: (1) "the plaintiff suffered an injury in factan invasion of a legally protected interest which is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical"; (2) "there [is] a causal connection between the injury and the conduct complained of"; and (3) "it [is] likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision." 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. 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. There was no camp to attend. Pye v. United States, 269 F.3d 459, 467 (4th Cir. CourtListener is sponsored by the non-profit Free Law Project. 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 anonymous plaintiffs are parents who intended to send their children to camp at White Tail Park during the last week in July 2004. 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. (internal quotation marks omitted) (alteration in original), and that any injury will likely "be redressed by a favorable decision," id. United States Court of Appeals, Fourth Circuit. From Free Law Project, a 501(c)(3) non-profit. See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378, 102 S.Ct. The [individual] plaintiffs no longer satisfy the case or controversy requirement. Please try again. 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 burden of proving subject matter jurisdiction on a motion to dismiss is on the plaintiff; the party asserting jurisdiction." Adams v. Bain, 697 F.2d 1213, 1219 (4th Cir. 2001). J.A. 20-21. 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. See Va.Code 35.1-18. 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. 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. Id. Lujan, 504 U.S. at 561, 112 S. Ct. 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. The standing requirement must be satisfied by individual and organizational plaintiffs alike. For AANR-East to establish this element, it must adduce facts demonstrating that it suffered an invasion of a legally protected interest, id. ; S.B. 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. The gravamen of the standing issue for AANR-East is whether it has sufficiently demonstrated that it "ha[s] suffered an `injury in fact.'" Sartin v. McNair Law Firm PA, 756 F.3d 259, 266 (4th Cir. 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. denton county livestock show 2022. t shirt supplier near me R 0.00 Cart. July 5th, 2005, Precedential Status: v. Giuliani, 143 F.3d 638, 649 (2nd Cir. J.A. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. And, although AANR-East relocated its camp in 2004, it has already applied for a permit to operate the camp at White Tail Park in the summer of 2005. 4 Virginia law requires any person who owns or operates a summer camp or campground facility in Virginia to be licensed by the Food and Environmental Services Division of the Virginia . 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"). AANR-East contends that the statute impairs its ability to disseminate the values related to social nudism in a structured camp environment. Brief of Appellants at 15. This case has not yet been cited in our system. Read White Tail Park, Inc. v. Stroube, 04-2002 READ The district court erred when it dismissed plaintiff's First Amendment claim, challenging a Virginia law which requires a parent or guardian to accompany any juvenile who attends a nudist summer camp, for lack of standing. The 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. (2005) - Free download as PDF File (.pdf) or read online for free. 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. 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." Contact us. See Waterford Citizens' Ass'n v. Reilly, 970 F.2d 1287, 1290 (4th Cir. With respect to AANR-East and White Tail, we cannot agree that the claims alleged in the complaint are moot. Recommended Restaurantji. 1991). 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. Const., art. 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. See Chesapeake B & M, Inc. v. Harford County, Md., 58 F.3d 1005, 1010 (4th Cir. Powell v. McCormack, 395 U.S. 486, 496, 89 S. Ct. 1944, 23 L. Ed. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 1. 2005); see Richmond, Fredericksburg & Potomac R.R. 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 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 think this is sufficient for purposes of standing. 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 turn, briefly, to White Tail. 2d 491 (1969). P. 56(e))). 115. Closed on Sunday. 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. 1036, 160 L.Ed.2d 1067 (2005). Roche runs each organization, and both organizations share a connection to the practice of social nudism. 1998). 2312, 138 L.Ed.2d 849 (1997); see Libertad v. Welch, 53 F.3d 428, 437 n. 5 (1st Cir.1995) (An analysis of a plaintiff's standing focuses not on the claim itself, but on the party bringing the challenge; whether a plaintiff's complaint could survive on its merits is irrelevant to the standing inquiry.). One of the purposes of the camp, according to AANR-East, is to "educate nudist youth and inculcate them with the values and traditions that are unique to the culture and history of the American social nudist movement." 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. With VTail's WINNER EVERY TIME Technology, your entire inventory sells at the same pace assuring 100% sell through. 2130, 119 L.Ed.2d 351 (1992) (citations and internal quotation marks omitted). 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. White Tail Park, Inc. v. Stroube, 413 F.3d 451, 460-61 (4th Cir. 2d 170 (1997) (internal quotation marks omitted). Dairy Queen Grill & Chill - 61 W Windsor Blvd. ; see also White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459(4th Cir. The doctrine of mootness flows from the constitutional limitation of federal court jurisdiction to actual "Cases" or "Controversies." 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. 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. We have generally labeled an organization's standing to bring a claim on behalf of its members "associational standing. 115. Moreover, these claims were not mooted when AANR-East surrendered its permit for the 2004 summer camp. Before TRAXLER and DUNCAN, Circuit Judges, and, Frederick P. STAMP, Jr., United States District Judge. 56(e))). (Stroube is head of the Virginia State Health Commission, which oversees private camps in Virginia.) Richmond, Fredericksburg & Potomac R.R. 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 turn first to the question of mootness. We note that the complaint includes a claim under the Fourteenth Amendment, alleging that the plaintiffs' right to privacy was violated by the statute. 1992). Checkers Family Restaurant - 9516 Windsor Blvd. 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."). Only eleven campers would have been able to attend in light of the new restrictions. 1944, 23 L.Ed.2d 491 (1969). Moreover, these claims were not mooted when AANR-East surrendered its permit for the 2004 summer camp. denied, ___ U.S. ___, 125 S. Ct. 1398, 161 L. Ed. 114. 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. 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