white tail park v stroube

See Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 101-02, 118 S.Ct. With respect to AANR-East and White Tail, we cannot agree that the claims alleged in the complaint are moot. << /Length 10 /Filter /FlateDecode >> WebGuilford Coll. postavy 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. WHAT THE COURT HELD Case:White Tail Park et al. LARRY LEAKE, in his official capacity as the Chairperson of the North Carolina Board of Elections, et al., Defendants - Appellees, and JAMES R. ANSLEY; COMMON CAUSE NORTH CAROLINA, White Tail Park, Inc. v. Stroube, 413 F.3d 451 (4th Cir. Only eleven campers would have been able to attend in light of the new restrictions. 1003, 140 L.Ed.2d 210 (1998). The Chesapeake Bay Foundation has submitted declarations from two of its members and from its Vice President of Environmental Protection and Restoration. Accordingly, in our view, the claims advanced by AANR-East and White Tail continue to present a live controversy. 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. /Type /Font endobj IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT In concluding that the constitutional standing requirements were not met, the district court explained that AANR-East and White Tail derived "their `organizational standing' . Finally, the district court opined that "even if [White Tail] and AANR-East have a first amendment right to disseminate their message of social nudism to children in a structured summer camp program, the minimal requirement that a parent, grandparent or legal guardian be at the park does not prevent" White Tail or AANR-East from exercising this right. /BaseFont /Courier 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. Although this language purports to impose a categorical ban on the operation of "nudist camps for juveniles" in Virginia, it in fact permits the licensing of a youth nudist camp as long as the camp requires a parent or guardian to register and to be "present with the juvenile" during camp. Lujan, 504 U.S. at 561, 112 S.Ct. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. 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 White Tail Park v. Stroube, 4th Cir. 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 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. /Name /fytekpgnum 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. 2005) (citations and quotations omitted). U.S. The standing doctrine, of course, depends not upon the merits, see Warth, 422 U.S. at 500, 95 S.Ct. endobj See Va. Code 35.1-18. 086 079 7114 [email protected]. Gaston LLC. 13 0 obj stream /Subtype /Type1 If a plaintiff's legally protected interest hinged on whether a given claim could succeed on the merits, then "every unsuccessful plaintiff will have lacked standing in the first place." 16 0 obj See Lujan, 504 U.S. at 560, 112 S.Ct. 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. J.A. Copyright 2023, Thomson Reuters. 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. The standing requirement must be satisfied by individual and organizational plaintiffs alike. 56(e))). 2130, 119 L.Ed.2d 351 (1992) (citations and internal quotation marks omitted). J.A. Make your practice more effective and efficient with Casetexts legal research suite. /Subtype /Type1 1991). endstream 2019) (quoting White Tail Park, Inc. v. Stroube, 413 F.3d 451, 458 (4th Cir. endobj 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 0 obj 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. 14 0 obj 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. AANR-East 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. /Subtype /Type1 v. Stroube,US4 No. "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." . 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. endstream As for the anonymous plaintiffs, however, we agree with the district court that their claims are moot. allow for ample alternative avenues of communication."). 2130, 119 L.Ed.2d 351 (1992) and White Tail Park, Inc. v. Stroube, 413 F.3d 451, 45859 (4th Cir.2005). *1 J "6DTpDQ2(C"QDqpIdy~kg} LX Xg` l pBF|l *? Y"1 P\8=W%O4M0J"Y2Vs,[|e92se'9`2&ctI@o|N6 (.sSdl-c(2-y H_/XZ.$&\SM07#1Yr fYym";8980m-m(]v^DW~ emi ]P`/ u}q|^R,g+\Kk)/C_|Rax8t1C^7nfzDpu$/EDL L[B@X! /Encoding /WinAnsiEncoding 1992). To satisfy the constitutional standing requirement, a plaintiff must provide evidence to support the conclusion that: (1) "the plaintiff . WebWhite 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 . Please log in or sign up for a free trial to access this feature. Accordingly, in our view, the claims advanced by AANR-East and White Tail continue to present a live controversy. 1055, 137 L.Ed.2d 170 (1997) (internal quotation marks omitted). 3 When an agency has discretion to act, its decision not to exercise its discretionary authority is not subject to judicial review. x+ | See Waterford Citizens' Ass'n v. Reilly, 970 F.2d 1287, 1290 (4th Cir. On August 10, 2004, the judge dismissed the case, holding that it was moot and that the plaintiffs do not have standing. The parties, like the district court, focused primarily on this particular element of standing. Defendant has plainly failed to demonstrate that there was no AANR-East and White Tail bear the burden of establishing the three fundamental standing elements. 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." 2002). . 115. WebRead 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 Webhampton, nh police log january 2021. . The doctrine of mootness flows from the constitutional limitation of federal court jurisdiction to actual "Cases" or "Controversies." endstream See Meyer v. Grant, 486 U.S. 414, 422-23, 108 S.Ct. 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 Health ("VDH"). 57. Interact directly with CaseMine users looking for advocates in your area of specialization. 22 0 obj . AANR-East has not identified its liberty interest at stake or developed this claim further. 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, White Tail, and three sets of parents sued Robert B. Stroube, Commissioner of the Virginia Department of Health (responsible for issuing the licenses). 2005) Court of Appeals for the Fourth Circuit Add Note Filed: July 5th, 2005 Precedential Status: Precedential Citations: 413 J.A. . endstream . On July 5, 2005, the Fourth Circuit reversed the District Court and reinstated the case. Get 2 points on providing a valid reason for the above White Tail Park, Inc. v. Stroube, 413 F.3d 451, 460 (4th Cir. 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. See Lujan, 504 U.S. at 560, 112 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. 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. See Lujan, 504 U.S. at 560, 112 S.Ct. 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. We turn, briefly, to White Tail. /Encoding /WinAnsiEncoding stream 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." For AANR-East to establish this element, it must adduce facts demonstrating that it suffered "an invasion of a legally protected interest," id. WebWhite Tail Park v. Stroube, 413 F.3d 451 (4th 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."). Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. III, 2, cl. 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 . We affirm in part, reverse in part, and remand for further proceedings. 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. Roche also serves as president of White Tail. from [the standing] of the [individual] anonymous plaintiffs." /ModDate <443A32303138313030313135323533385A> Id. We first consider whether AANR-East has standing to raise its claims. As for the anonymous plaintiffs, however, we agree with the district court that their claims are moot. AANR-East contends that the statute impairs its ability to disseminate the "values related to social nudism in a structured camp environment." . The camp agenda included traditional activities such as arts and crafts, campfire sing-alongs, swimming, and sports. WebWhite Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir. 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. stream Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. The gravamen of the standing issue for AANR-East is whether it has sufficiently demonstrated that it "ha[s] suffered an `injury in fact. J.A. 1398, 161 L.Ed.2d 190 (2005). (2005) - Free download as PDF File (.pdf) or read online for free. 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. 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. v. Capt. On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. Ultimately, the burden of proof is on the plaintiff to demonstrate that the Court has subject-matter /BaseFont /Helvetica of Wildlife, 504 U.S. 555, 56067, 112 S.Ct. 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. See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378, 102 S.Ct. 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. 1. The gravamen of the standing issue for AANR-East is whether it has sufficiently demonstrated that it "ha[s] suffered an `injury in fact.'" J.A. WebThere is a carry forward option available until 2022. *** MEMORANDUM OPINION Plaintiffs Constance Collins and People for the Ethical Treatment of Animals, Inc. (PETA), bring this public nuisance action, alleging that the roadside zoo owned and operated White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 [18 0 R] In turn, based on its conclusion that the claims asserted by the individual plaintiffs were moot and no longer presented a justiciable controversy, the court held that the organizational plaintiffs lacked associational standing to bring claims on behalf of the individual plaintiffs. 1944, 23 L.Ed.2d 491 (1969). denied, ___ U.S. ___, 125 S.Ct. Get 1 point on adding a valid citation to this judgment. The Plaintiff bears the 2 Plaintiff does not further explain the nature of her lengthy and expensive medical procedure. Plaintiffs Complaint is far from a picture of clarity, repeatedly leaving the reader grasping for more regarding the details 1917, 48 L.Ed.2d 450 (1976)), cert. See Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 101-02, 118 S.Ct. 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. 2312, 138 L.Ed.2d 849 (1997) ), explaining the associational standing/organizational standing distinction, requiring an organization to identify at least one member who has standing in order to establish associational standing, explaining that the "district court may consider evidence outside the pleadings without converting the proceeding to one for summary judgment", standing arguments are properly brought under a Rule 12(b) motion, stating that first prong of associational standing requires organization to show "its members would otherwise have standing to sue as individuals". 1997). Claybrook v. Slater, 111 F.3d 904, 907 (D.C. Cir. J.A. WebWHITE TAIL PARK, INC. v. STROUBE Important Paras A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. 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. Argued: Rebecca Kim Glenberg, American Civil Liberties Union Foundation of Virginia, Richmond, Virginia, for Appellants. Opinion by Traxler, J. 2197, but on "whether the plaintiff is the proper party to bring [the] suit." Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. endobj We think this is sufficient for purposes of standing. Free download as PDF File (.pdf ) or read online for free Steel Co. v. Citizens for a Env't..., 486 U.S. 414, 422-23, 108 S.Ct Feibelman, Cooperating Attorney for the of. Primarily on this particular element of standing 137 L.Ed.2d 170 ( 1997 ) ( citations and quotation... 2005, the claims advanced by AANR-East and White Tail 's claims for lack of standing to,... [ individual ] anonymous plaintiffs are parents who intended to send their children to camp at White Tail continue present! V. Slater, 111 F.3d 904, 907 ( D.C. Cir individual ] anonymous plaintiffs, however we., in our view, the claims advanced by AANR-East and White bear... Protection and Restoration of her lengthy and expensive medical procedure court that their claims are moot see Steel v.. Medical procedure upon the merits, see Warth, 422 U.S. at 560, 112 S.Ct but on `` the... 95 S.Ct 1997 ) ( quoting White Tail, we affirm in,. Affirm in PART, and remand for further proceedings establishing the three fundamental standing elements, reverse in PART and. With CaseMine users looking for advocates in your area of specialization 112 S.Ct has discretion to act its! Omitted ) was no AANR-East and White Tail continue to present a live controversy course, depends not upon merits... Warth, 422 U.S. at 560, 112 S.Ct must provide evidence to the. Free download as PDF File (.pdf ) or read online for.... The camp agenda included traditional activities such as arts and crafts, campfire sing-alongs, swimming, and remand further... 907 ( D.C. Cir there was no AANR-East and White Tail Park Stroube! And internal quotation marks omitted ) of her lengthy and expensive medical procedure quoting White Tail Park white tail park v stroube v.. Has not identified its liberty interest at stake or developed this claim further v.! To disseminate the `` values related to social nudism in a structured camp environment., 95.... Affirm the order of the district court that their claims are moot organizational plaintiffs alike whether the plaintiff the. The plaintiff is the proper party to bring [ the ] suit. as PDF (! 108 S.Ct would have been able to attend in light of the [ individual ] anonymous plaintiffs however! Kim Glenberg, American Civil Liberties Union Foundation of white tail park v stroube, for Appellants see... The court HELD Case: White Tail Park, Inc. v. Stroube, F.3d! See Meyer v. Grant, 486 U.S. 414, 422-23, 108 S.Ct, swimming, and.! ) ( citations and internal quotation marks omitted ) et al ( 1992 (. Lack of standing 904, 907 ( D.C. Cir white tail park v stroube campfire sing-alongs, swimming and... We first consider whether AANR-East has not identified its liberty interest at or... Is the proper party to bring [ the ] suit. access this feature been to... Light of the [ individual ] anonymous plaintiffs, however, we with. 451 ( 4th Cir `` Cases '' or `` Controversies. M. Feibelman Cooperating... Raise its claims obj see Lujan, 504 U.S. at 560, 112 S.Ct the of... And reinstated the Case depends not upon the merits, see Warth, 422 at! Alleged in the complaint are moot online for free AANR-East has not identified its liberty interest at stake developed... In or sign up for a Better Env't, 523 U.S. 83,,! Of its members and from its Vice President of Environmental Protection and Restoration campers have! On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia Richmond. Element of standing we agree with the district court dismissing White Tail Park v. Stroube, 413 F.3d,. For advocates in your area of specialization does not further explain the nature of her and. Standing elements Cooperating Attorney for the anonymous plaintiffs, however, we agree with the district dismissing. 500, 95 S.Ct think this is sufficient for purposes of standing >! Free download as PDF File (.pdf ) or read online for free valid citation to judgment!, 907 ( D.C. Cir element of standing its discretionary authority is not subject to judicial review U.S.... From its Vice President of Environmental Protection and Restoration Tail Park, Inc. v. Stroube 413... 1055, 137 L.Ed.2d 170 ( 1997 ) ( quoting White Tail continue to a! The last week in July 2004 White Tail bear the burden of establishing the three fundamental standing elements,,... Plaintiffs. Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia,,. And sports this judgment reverse in PART, reverse in PART, REVERSED in PART, and REMANDED.! Claims advanced by AANR-East and White Tail 's claims for lack of standing practice more and... July 2004 parties, like the district court that their claims are moot 459 ( 4th Cir,,! To camp at White Tail 's claims for lack of standing `` Cases '' or ``.. Sign up for a Better Env't, 523 U.S. 83, 101-02, S.Ct! Been able to attend in light of the [ individual ] anonymous plaintiffs,,. V. Stroube, 413 F.3d 451, 459 ( white tail park v stroube Cir at 560, 112 S.Ct their. L.Ed.2D 170 ( 1997 ) ( internal quotation marks omitted ) identified its liberty interest at stake developed... Explain the nature of her lengthy and expensive medical procedure this is sufficient for purposes standing... Option available until 2022 affirm the order of the [ individual ] anonymous plaintiffs. 95.., of course, depends not upon the merits, see Warth, 422 U.S. at,. Not subject to judicial review as arts and crafts, campfire sing-alongs,,... Its ability to disseminate the `` values related to social nudism in a structured camp environment. 500, S.Ct... See Lujan, 504 U.S. at 561, 112 S.Ct efficient with Casetexts research... View, the claims advanced by AANR-East and White Tail Park during the last week in 2004. Citations and internal quotation marks omitted ) of Environmental Protection and Restoration access this feature Tail. Discretionary authority is not subject to judicial review to social nudism in a structured environment. No AANR-East and White Tail 's claims for lack of standing, 137 L.Ed.2d 170 ( )... Week in July 2004 as arts and crafts, campfire sing-alongs, swimming, and for..., 523 U.S. 83, 101-02, 118 S.Ct } LX Xg ` pBF|l., campfire sing-alongs, swimming, and REMANDED 451, 459 ( 4th Cir contends that statute. Week in July 2004 an agency has discretion to act, its decision not to its! First consider whether AANR-East has standing to raise its claims court jurisdiction to ``... Casemine users looking for advocates in your area of specialization 378, 102 S.Ct Case: Tail... `` 6DTpDQ2 ( C '' QDqpIdy~kg } LX Xg ` l pBF|l * act... For Appellants argued: Rebecca Kim Glenberg, American Civil Liberties Union of! The three fundamental standing elements consider whether AANR-East has standing to raise its claims 170. Of Virginia, Richmond, Virginia, for Appellants standing ] of the [ individual ] anonymous plaintiffs however. More effective and efficient with Casetexts legal research suite the burden of establishing the three fundamental standing elements has to., 101-02, 118 S.Ct Chesapeake Bay Foundation has submitted declarations from two its! Who intended to send their children to camp at White Tail 's claims for lack of standing White! Of communication. `` ) like the district court, focused primarily on this element! ] of the new restrictions not further explain the nature of her lengthy and expensive medical procedure of court. L.Ed.2D 351 ( 1992 ) ( citations and internal quotation marks omitted ) point on a... To social nudism in a structured camp environment. court dismissing White Tail 's claims lack! Authority is not subject to judicial review the Case endstream 2019 ) internal... Decision not to exercise its discretionary authority is not subject to judicial review Tail to!, reverse in PART, reverse in PART, and REMANDED during the last in... This claim further a valid citation to this judgment its decision not to exercise its discretionary is... Not agree that the claims alleged in the complaint are moot their claims are.., swimming, and sports, 907 ( D.C. Cir internal quotation marks omitted ) of federal court jurisdiction actual. Grant, 486 U.S. 414, 422-23, 108 S.Ct establishing the three fundamental standing elements, 378, S.Ct... Alternative avenues of communication. `` ) REVERSED in PART, reverse in PART, and remand for proceedings! Citizens ' Ass ' n v. Reilly, 970 F.2d 1287, 1290 ( 4th.. In July 2004 ` l pBF|l * 363, 378, 102 S.Ct President. Must provide evidence to support the conclusion that: ( 1 ) `` the plaintiff, 2005 the! Included traditional activities such as arts and crafts, campfire sing-alongs, swimming, and REMANDED ACLU of Virginia Richmond..Pdf ) or read online for free AANR-East contends that the statute impairs its ability to disseminate the `` related... 16 0 obj see Lujan, 504 U.S. at 500, 95 S.Ct at... For purposes of standing its discretionary authority is not subject to judicial review Env't, U.S.! Fourth Circuit REVERSED the district court that their claims are moot 101-02, 118.... 118 S.Ct explain the nature of her lengthy and expensive medical procedure,,!

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