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.3 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. 1114, 71 L.Ed.2d 214 (1982). 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. 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 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." 57. 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 Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 101-02, 118 S. Ct. 1003, 140 L. Ed. White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir. The camp agenda included traditional activities such as arts and crafts, campfire sing-alongs, swimming, and sports. ; D.H., on behalf of themselves and their minor children, I.P. 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. Stay up-to-date with how the law affects your life. We affirm in part, reverse in part, and remand for further proceedings. 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. 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. 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. Dairy Queen Grill & Chill - 61 W Windsor Blvd. 1917, 48 L.Ed.2d 450 (1976)), cert. Although this language pur-, ports to impose a categorical ban on the operation of "nudist camps, for juveniles" in Virginia, it in fact permits the licensing of a youth, Do not sell or share my personal information. We affirm in part. We affirm on mootness grounds the dismissal of the claims brought by the individual plaintiffs, and we affirm the order dismissing White Tail's claims for lack of standing. See FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 231, 110 S.Ct. The email address cannot be subscribed. Id. 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. 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. J.A. J.A. Accordingly, the case is no longer justiciable. J.A. III, 2, cl. (Stroube is head of the Virginia State Health Commission, which oversees private camps in Virginia.) United States Court of Appeals, Fourth Circuit. 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. denied, ___ U.S. ___, 125 S. Ct. 1036, 160 L. Ed. 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. 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. 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. On August 10, 2004, the district court held a hearing on the Commissioner's motion to dismiss for lack of standing. 1991). 2d 214 (1982). 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. Friends for Ferrell Parkway, LLC v. Stasko, 282 F.3d 315, 320 (4th Cir.2002). 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. 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. 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. IV. 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. J.A. They can flip over rocks in search of snakes and lizards or use excellent . Although the First Amendment challenge to section 35.1-18 mounted by AANR-East may ultimately prove unsuccessfulwe express no opinion on the merits hereAANR-East is an appropriate party to raise this challenge. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S. Ct. 2130, 119 L. Ed. We first consider whether AANR-East has standing to raise its claims. 1944, 23 L.Ed.2d 491 (1969). 9. 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. (internal quotation marks omitted) (alteration in original), and that any injury will likely be redressed by a favorable decision, id. 20-21. Const., art. 5. 3. 9. 2d 491 (1969). Accordingly, the case is no longer justiciable. 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." at 561, 112 S.Ct. With respect to AANR-East and White Tail, we cannot agree that the claims alleged in the complaint are moot. 2005) This opinion cites 20 opinions. uled the 2004 camp for the week of July 23 to July 31, 2004. Before TRAXLER and DUNCAN, Circuit Judges, and, Frederick P. STAMP, Jr., United States District Judge. Powell v. McCormack, 395 U.S. 486, 496, 89 S.Ct. The anonymous plaintiffs are parents who intended to send their children to camp at White Tail Park during the last week in July 2004. The parties, like the district court, focused primarily on this particular element of standing. 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. We affirm in part, reverse in part, and remand for further proceedings. 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. Thus, we turn to the injury in fact requirement. Plaintiffs also filed a motion for a preliminary injunction together with the complaint. To the extent White Tail argues the violation of its right to privacy or a liberty interest under the Fourteenth Amendment, it has failed to develop that argument. activities such as arts and crafts, campfire sing-alongs, swimming, and sports. 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." 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. "See, e.g., American Canoe Ass'n v. Murphy Farms, Inc., 326 F.3d 505, 517 (4th Cir.2003); Friends for Ferrell Parkway, 282 F.3d at 320. Ultimately, however, AANR-East was able to operate its youth nudist camp by relocating to a neighboring state. 2d 351 (1992) (citations and internal quotation marks omitted). John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. . See Chesapeake B & M, Inc. v. Harford County, Md., 58 F.3d 1005, 1010 (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. 04-2002. 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. To the extent White Tail claims a First Amendment interest, we have been offered no supporting facts. To the extent White Tail claims a First Amendment interest, we have been offered no supporting facts. 9. We affirm in part, reverse in part, and remand for further proceedings. The standing doctrine, of course, depends not upon the merits, see Warth, 422 U.S. at 500, 95 S. Ct. 2197, but on "whether the plaintiff is the proper party to bring [the] suit." Law Project, a federally-recognized 501(c)(3) non-profit. Co. v. United States, 945 F.2d 765, 768 (4th Cir.1991). Filed: 2197, but on "whether the plaintiff is the proper party to bring [the] suit." The Commissioner filed a motion to dismiss the action, arguing that plaintiffs lacked standing to bring suit. weaning a toddler cold turkey; abc polish newspaper . See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378, 102 S.Ct. In sum, we affirm that portion of the district court's judgment dismissing . 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." J.A. 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. 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. 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. 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. 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." 2001). 2197, 45 L.Ed.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"). In fact, it would be difficult to think of a more appropriate plaintiff than AANR-East, which is surely one of the few organizations in Virginia, if not the only one, affected by the amendments to section 35.1-18, which were enacted following the opening of AANR-East's first juvenile camp.5. 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. Right to Send Children to Nudist Summer Camp,White Tail v. Stoube. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Moreover, AANR-East, not White Tail, applied for the permits to operate these camps. See Lujan, 504 U.S. at 560, 112 S.Ct. 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. J.A. 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." 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 standing requirement must be satisfied by individual and organizational plaintiffs alike. Co. v. United States, 945 F.2d 765, 768 (4th Cir.1991). We have generally labeled an organization's standing to bring a claim on behalf of its members "associational standing. Roche runs each organization, and both organizations share a connection to the practice of social nudism. 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. You can explore additional available newsletters here. AANR-East contends that the statute impairs its ability to disseminate the "values related to social nudism in a structured camp environment." 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. 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. Able to operate these camps, the district court held a hearing on the Commissioner filed motion! 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