white tail park v stroube

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. 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. 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." J.A. 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. 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. See Warth v. Seldin, 422 U.S. 490, 511, 95 S.Ct. 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. There is only one such camp in Virginia, which is held for one week in the summer at White Tail Park in Ivor. 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. J.A. With respect to AANR-East and White Tail, we cannot agree that the claims alleged in the complaint are moot. 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. 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. See Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 101-02, 118 S.Ct. J.A. 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. For AANR-East to establish this element, it must adduce facts demonstrating that it suffered "an invasion of a legally protected interest," id. Nearby Restaurants. Judge Traxler wrote the opinion, in which Judge Duncan and, Rebecca Kim Glenberg, AMERICAN CIVIL LIBER-. 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. 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. 1886, 100 L.Ed.2d 425 (1988). 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." 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. R. Civ. 2005). See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378, 102 S.Ct. 1055, 137 L.Ed.2d 170 (1997) (internal quotation marks omitted). 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. IV. These rulings are not at issue on appeal. See Lujan, 504 U.S. at 560, 112 S.Ct. 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. However, in at least one panel decision, we have used the term "organizational standing" interchangeably with "associational standing." 1917, 48 L.Ed.2d 450 (1976)), cert. In June 2003, AANR-East opened a week-long, Park") operated by White Tail near Ivor, Virginia. We affirm in part, reverse in part, and remand for further proceedings. "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." 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. 114. uled the 2004 camp for the week of July 23 to July 31, 2004. Nature Center Hours: May 1 - October 31: Open from 7 am to 2 pm Monday through Saturday. 413 F.3d 451, Docket Number: On July 5, 2005, the Fourth Circuit reversed the District Court and reinstated the case. J.A. 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." 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. TIES UNION FOUNDATION OF VIRGINIA, Richmond, Virginia. 1003, 140 L.Ed.2d 210 (1998). J.A. A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. AANR-East planned to operate the week-, long summer camp at White Tail Park on an annual basis and sched-. Accordingly, the district court granted the Commissioner's motion to dismiss for lack of standing.2. 114. Accordingly, the case is no longer justiciable. These rulings are not at issue on appeal. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Roche also serves as president of White Tail. The camp agenda included traditional activities such as arts and crafts, campfire sing-alongs, swimming, and sports. WHITE TAIL PARK, INC. v. STROUBE OPINION TRAXLER, Circuit Judge. 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. III, 2, cl. 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." The [individual] plaintiffs no longer satisfy the case or controversy requirement. 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. 1. 1992). 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. 20-21. White-nosed Coati (Nasua narica) The coatimundi, or coati, is a member of the raccoon family found from Arizona to South America. 2197, but on "whether the plaintiff is the proper party to bring [the] suit." 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. To the extent White Tail claims a First Amendment interest, we have been offered no supporting facts. We J.A. 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. Argued: Rebecca Kim Glenberg, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellants. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 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. 2d 425 (1988). 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. The gravamen of the standing issue for AANR-East is whether it has sufficiently demonstrated that it "ha[s] suffered an `injury in fact.'" There are substantial common ties between AANR-East and White Tail. Argued: Rebecca Kim Glenberg, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellants. 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." Moreover, these claims were not mooted when AANR-East surrendered its permit for the 2004 summer camp. 2130, 119 L.Ed.2d 351 (1992) (citations and internal quotation marks omitted). at 560, 112 S.Ct. v. Giuliani, 143 F.3d 638, 649 (2nd Cir.1998). 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. J.A. 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 Commissioner 's motion to dismiss for lack of standing.2 2005, the District Court and reinstated case! Nudism in a structured camp environment 2 pm Monday through Saturday of,... On July 5, 2005, the District Court and reinstated the case part reversed..., but on `` whether the plaintiff is the proper party to bring [ the suit! Lujan v. 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