Judge Traxler wrote the opinion, in which Judge Duncan and, Rebecca Kim Glenberg, AMERICAN CIVIL LIBER-. 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. at 561, 112 S. Ct. 2130 (internal quotation marks omitted). III, 2, cl. denied, 543 U.S. 1187, 125 S.Ct. 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."). Thus, "a case is moot when the issues presented are no longer'live' or the parties lack a legally cognizable interest in the outcome." Arizonans for Official English v. Arizona, 520 U.S. 43, 67, 117 S.Ct. 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. 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. and M.S., Plaintiffs-Appellants,v.Robert B. STROUBE, in his official capacity as Virginia State Health Commissioner, Defendant-Appellee. See Waterford Citizens' Ass'n v. Reilly, 970 F.2d 1287, 1290 (4th Cir.1992). 3 J.A. denied, 543 U.S. 1119, 125 S.Ct. R. Civ. 114. With respect to AANR-East and White Tail, we cannot agree that the claims alleged in the complaint are moot. Va.Code 35.1-18 (emphasis added). 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. See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378, 102 S. Ct. 1114, 71 L. Ed. Law Project, a federally-recognized 501(c)(3) non-profit. The standing requirement must be satisfied by individual and organizational plaintiffs alike. 596, 107 L.Ed.2d 603 (1990). White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir. 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. J.A. Dairy Queen Grill & Chill - 61 W Windsor Blvd. 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." Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. 2004) (alteration in original) (quoting Simon v. Eastern Kentucky Welfare Rights Org., 426 U.S. 26, 38, 96 S. Ct. 1917, 48 L. Ed. Please try again. 114. 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. 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. J.A. Nature Center Hours: May 1 - October 31: Open from 7 am to 2 pm Monday through Saturday. Coatis, Raccoons, and Ringtails. 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. 20-21. missing their complaint for lack of standing. These rulings are not at issue on appeal. 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. 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. 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. 2d 491 (1969). A summer nudist camp for children ages 11 through 17 was conducted at White Tail Park in 2003. but on 'whether the plaintiff is the proper party to bring suit' " (alteration in original) (quoting Raines v. 115. 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. Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Judge STAMP joined. See Va.Code 35.1-18. 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. 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. Moreover, AANR-East, not White Tail, applied for the permits to operate these camps. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. With VTail's WINNER EVERY TIME Technology, your entire inventory sells at the same pace assuring 100% sell through. The standing doctrine, of course, depends not upon the merits, see Warth, 422 U.S. at 500, 95 S.Ct. 1991). Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. See Va.Code 35.1-18. Prior to the scheduled start of AANR-East's 2004 youth camp, the Virginia General Assembly amended the statute governing the licensing of summer camps specifically to address youth nudist camps. To the extent White Tail claims a First Amendment interest, we have been offered no supporting facts. In fact, it applied for the permit prior to the August 10, 2004, hearing on the Commissioner's motion to dismiss. 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. J.A. The Commissioner filed a motion to dismiss the action, arguing that plaintiffs lacked standing to bring suit. The gravamen of the standing issue for AANR-East is whether it has sufficiently demonstrated that it "ha[s] suffered an `injury in fact.'" 1988. In June 2003, AANR-East opened a week-long, Park") operated by White Tail near Ivor, 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"). WHAT THE COURT HELD Case:White Tail Park et al. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. With respect to AANR-East and White Tail, we cannot agree that the claims alleged in the complaint are moot. When at rest, it often wags its banded black and white tail that give the zebra-tailed lizard its name. We affirm in part, reverse in part, and remand for further proceedings. 1. Additionally, an organizational plaintiff may establish associational standing to bring an action in federal court on behalf of its members when: (1) its members would otherwise have standing to sue as individuals; (2) the interests at stake are germane to the group's purpose; and (3) neither the claim made nor the relief requested requires the participation of individual members in the suit. Friends for Ferrell Parkway, LLC v. Stasko, 282 F.3d 315, 320 (4th Cir.2002). for the Eastern District of Virginia, at Richmond. Amenities: campground, camping, clothing free, lodging, southampton county, virginia, and white tail resort Address: 39033 Whitetail Dr Ivor Virginia 23866 United States Dates of Operation: All Year Phone: 757-859-6123 Email: office@whitetailresort.org Website Twitter Facebook Get Directions No Records Found Sorry, no records were found. 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." Sartin v. McNair Law Firm PA, 756 F.3d 259, 266 (4th Cir. Park also serves as home for a small number of permanent residents. 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. The camp agenda included traditional activities such as arts and crafts, campfire sing-alongs, swimming, and sports. 5. 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." White Tail v. Stoube Right to Send Children to Nudist Summer Camp, White Tail v. Stoube During the 2004 session, Virginia General Assembly has passed a bill that prohibits the licensing of "nudist camps for juveniles," which is defined as a camp attended by juveniles without a parent, grandparent or legal guardian in attendance. American, Fast Food . 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 context of the district court's statement, which followed a discussion of the individual plaintiffs' inability to establish injury in fact, supports this view. 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. 115. White Tail Park, 413 F.3d at 460. 1114, 71 L.Ed.2d 214 (1982). Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Judge STAMP joined. You can explore additional available newsletters here. See White Tail Park, Inc. v. Stroube, 413 F.3d 451, 458 (4th Cir. 5. and B.P. Friends for Ferrell Parkway, LLC v. Stasko, 282 F.3d 315, 320 (4th Cir.2002). 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. The following opinions cover similar topics: CourtListener is a project of Free The case is White Tail Park v. Robert B. Stroube. Thus, we turn to the injury in fact requirement. 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 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. Roche runs each organization, and both organizations share a connection to the practice of social nudism. We affirm in part, reverse in part, and remand for further proceedings. We affirm in part. "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." See Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 101-02, 118 S. Ct. 1003, 140 L. Ed. 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