Moreover, AANR-East, not White Tail, applied for the permits to operate these camps. 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. American, Fast Food . The Commissioner filed a motion to dismiss the action, arguing that plaintiffs lacked standing to bring suit. 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. J.A. ; J.B., on behalf of themselves and their minor child, C.B. 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. III, 2, cl. Moreover, these claims were not mooted when AANR-East surrendered its permit for the 2004 summer camp. 20-21. 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. 4. van gogh granite price per square foot. 2197, but on "whether the plaintiff is the proper party to bring [the] suit." 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. 16. 1988. 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. 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." TIES UNION FOUNDATION OF VIRGINIA, Richmond, Virginia. 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." at 560, 112 S.Ct. 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. 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. Friends for Ferrell Parkway, LLC v. Stasko, 282 F.3d 315, 320 (4th Cir.2002). 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 has not identified its liberty interest at stake or developed this claim further. 1003, 140 L.Ed.2d 210 (1998). Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S. Ct. 2130, 119 L. Ed. See Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 101-02, 118 S. Ct. 1003, 140 L. Ed. Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Judge STAMP joined. WHITE TAIL PARK, INCORPORATED; American Association for Nude Recreation-Eastern Region, Incorporated; K.H. 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. 114. 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." 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. ; T.S. Irish Lesbian & Gay Org. Plaintiffs also filed a motion for a preliminary injunction together with the complaint. 57. 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."). 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). 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." 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. Fast Food, Ice Cream & Frozen Yogurt, Burgers . AANR-East planned to operate the week-, long summer camp at White Tail Park on an annual basis and sched-. It is the place for the discriminating readers who have a deep affection and love for excellent writing and those with an appreciation for the power of words to kindle imagination, ignite passion and light up your thoughts. 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. 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. 2d 190 (2005). Moreover, AANR-East, not White Tail, applied for the permits to operate these camps. 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. AANR-East has not identified its liberty interest at stake or developed this claim further. 2005); see Richmond, Fredericksburg & Potomac R.R. 115. 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. 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. AANR-East and White Tail bear the burden of establishing the three fundamental standing elements. "The burden of proving subject matter jurisdiction on a motion to dismiss is on the plaintiff; the party asserting jurisdiction." Adams v. Bain, 697 F.2d 1213, 1219 (4th Cir. Brief of Appellants at 15. You already receive all suggested Justia Opinion Summary Newsletters. 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. uled the 2004 camp for the week of July 23 to July 31, 2004. 114. 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." Read White Tail Park, Inc. v. Stroube, 04-2002. With VTail's WINNER EVERY TIME Technology, your entire inventory sells at the same pace assuring 100% sell through. Plaintiffs also filed a motion for a preliminary injunction together with the complaint. 115. 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. 1988. Raines v. Byrd, 521 U.S. 811, 818, 117 S. Ct. 2312, 138 L. Ed. ACLU-VA's Statement on Gov. v. Stroube,US4 No. July 5th, 2005, Precedential Status: 115. 2d 491 (1969). Co. v. United States, 945 F.2d 765, 768 (4th Cir. "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." At the hearing, the Commissioner argued that the case had become moot because AANR-East surrendered its permit after failing to secure a preliminary injunction and then successfully moved the camp to another state. The Friends for Ferrell Parkway, LLC C. Randolph Zehmer Andrea , White Tail Park, Incorporated American Association for Nude Recreation-Eastern Region, , Combined Opinion from The standing doctrine, of course, depends not upon the merits, see Warth, 422 U.S. at 500, 95 S.Ct. We affirm in part, reverse in part, and remand for further proceedings. 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. J.A. 20-21. 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. Claybrook v. Slater, 111 F.3d 904, 907 (D.C.Cir.1997). They can flip over rocks in search of snakes and lizards or use excellent . J.A. We think this is sufficient for purposes of standing. 9. White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir. Accordingly, the district court granted the Commissioner's motion to dismiss for lack of standing.2. 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. 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. Defendant has plainly failed to demonstrate that there was no arguable basis for this Raines v. Byrd, 521 U.S. 811, 818, 117 S.Ct. 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 Court. There was no camp to attend. 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