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. 114. On July 15, the district court denied the preliminary injunction after a hearing. 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. Accordingly, the district court granted the Commissioner's motion to dismiss for lack of standing.2. van gogh granite price per square foot. We affirm in part, reverse in part, and remand for further proceedings. accenture federal services salary san antonio; chelsea and westminster hospital contact number Only eleven campers would have been able to attend in light of the new restrictions. 2d 450 (1976)), cert. 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. 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. 1114, 71 L.Ed.2d 214 (1982). Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. 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. A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. This behavior is likely used to draw attention away from the vulnerable head to the break-away tail. activities such as arts and crafts, campfire sing-alongs, swimming, and sports. 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. See Chesapeake B & M, Inc. v. Harford County, Md., 58 F.3d 1005, 1010 (4th Cir.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). We affirm in part, reverse in part, and remand for further proceedings. (internal quotation marks omitted) (alteration in original), and that any injury will likely be redressed by a favorable decision, id. 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. White Tail Park also serves as home for a small number of permanent residents. (Stroube is head of the Virginia State Health Commission, which oversees private camps in Virginia.) 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. Accordingly, the case is no longer justiciable. See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378, 102 S. Ct. 1114, 71 L. Ed. John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. 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. "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." The complaint asserts two claims: (1) that section 35.1-18 of the Virginia Code violates plaintiffs' right to privacy and to control the education and rearing of their children under the Fourteenth Amendment; and (2) that section 35.1-18 violates plaintiffs' First Amendment right to free association. 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. White Tail Park v. Stroube, 4th Cir. 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 Department of, Va. Code 35.1-18. ; D.H., on behalf of themselves and their minor children, I.P. 04-2002. All rights reserved. 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. We turn, briefly, to White Tail. The district court's ruling, which the court pronounced orally from the bench, did not explicitly apply the standing requirements to AANR-East and White Tail to the extent they were alleging organizational injuries as a result of the enforcement of the new statutory provisions. how to remove torsion axle spindle; abandoned churches in europe; wheeler dealers australia Const., art. 9. On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. 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. 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. This speedy lizard has a long, flat tail and long, slender legs. 1988. 2005) (internal citation, quotation marks, and brackets omitted). 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. 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." 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. Id. 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. 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. Lujan, 504 U.S. at 561, 112 S.Ct. 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." The parties, like the district court, focused primarily on this particular element of standing. denied, ___ U.S. ___, 125 S. Ct. 1036, 160 L. Ed. Filed: 2005-07-05 Published. White Tail Park also serves as home for a small number of permanent residents. 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. These rulings are not at issue on appeal. Id. COPYRIGHT MATERIAL OMITTED Argued: Rebecca Kim Glenberg, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellants. These rulings are not at issue on appeal. See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378, 102 S.Ct. 2004) (alteration in original) (quoting Simon v. Eastern Kentucky Welfare Rights Org., 426 U.S. 26, 38, 96 S. Ct. 1917, 48 L. Ed. Sign up to receive the Free Law Project newsletter with tips and announcements. Nearby Restaurants. The following opinions cover similar topics: CourtListener is a project of Free 1. A total of 32 campers attended the 2003 summer camp at White Tail Park. Moreover, these claims were not mooted when AANR-East surrendered its permit for the 2004 summer camp. J.A. White Tail Park, 413 F.3d at 460. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. 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. 56(e))). WHITE TAIL PARK, INC. v. STROUBE OPINION TRAXLER, Circuit Judge. 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. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. The vulnerable head to the break-away Tail, 112 S.Ct behavior is likely used to draw away. Crafts, campfire sing-alongs, swimming, and remand for further proceedings, Judge! 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