. white tail park v stroube User Login! 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. 2130 (explaining that [a]t the pleading stage, general factual allegations of injury resulting from the defendant's conduct may suffice, but in response to a summary judgment motion, the plaintiff can no longer rest on such mere allegations, [and] must set forth by affidavit or other evidence specific facts' establishing standing (quoting Fed.R.Civ.P. Const., art. 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. Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. 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. J.A. 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."). 103. 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." ; S.B. We affirm in part, reverse in part, and remand for further proceedings. 2130, 119 L.Ed.2d 351 (1992) (citations and internal quotation marks omitted). On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. We first consider whether AANR-East has standing to raise its claims. 1398, 161 L.Ed.2d 190 (2005). 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. 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. 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. White Tail Park, Inc. v. Stroube United States Court of Appeals, Fourth Circuit Jul 5, 2005 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."). J.A. 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. An organizational plaintiff may establish standing to bring suit on its own behalf when it seeks redress for an injury suffered by the organization itself. but on 'whether the plaintiff is the proper party to bring suit' " (alteration in original) (quoting Raines v. When at rest, it often wags its banded black and white tail that give the zebra-tailed lizard its name. The email address cannot be subscribed. Right to Send Children to Nudist Summer Camp,White Tail v. Stoube. Accordingly, the district court granted the Commissioner's motion to dismiss for lack of standing.2. Please try again. and B.P. 2d 491 (1969). CourtListener is sponsored by the non-profit Free Law Project. 1944, 23 L.Ed.2d 491 (1969). 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." 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. 2197, but on whether the plaintiff is the proper party to bring [the] suit. Raines v. Byrd, 521 U.S. 811, 818, 117 S.Ct. 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. 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. 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. In fact, it applied for the permit prior to the August 10, 2004, hearing on the Commissioner's motion to dismiss. The Friends for Ferrell Parkway, LLC C. Randolph Zehmer Andrea M. Kilmer Mario A. Rosales, Jr. Jack R. Davey, Richmond, Fredericksburg & Potomac Railroad Company, American Canoe Association, Incorporated Professional Paddlesports Association the Conservation Council of North Carolina, Incorporated, and United States of America, Acting at the Request and on Behalf of the Administrator of the United States Environmental Protection Agency, Planned Parenthood of South Carolina Incorporated Renee Carter, Tomi White Bryan, Individually and on Behalf of All Others Similarly Situated. This site is protected by reCAPTCHA and the Google. 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. They contend that the new requirements of the Virginia statute imposed an unconstitutional burden on their right to guide the upbringing of their children and their children's right to privacy and expressive association. Roche also serves as president of White Tail, 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. Id. This behavior is likely used to draw attention away from the vulnerable head to the break-away tail. U.S. 57. See Bryan v. Bellsouth Communications, Inc., 377 F.3d 424, 428 (4th Cir.2004), cert. We think this is sufficient for purposes of standing. 103. 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. v. Giuliani, 143 F.3d 638, 649 (2nd Cir. 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. 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 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. 2005) (internal citation, quotation marks, and brackets omitted). denied, ___ U.S. ___, 125 S.Ct. 4. Precedential Status: Precedential 2005) ("[W]hen a defendant raises standing as the basis for a motion under Rule 12(b)(1) to dismiss for lack of subject matter jurisdiction," the court "may consider evidence outside the pleadings without converting the proceedings to one for summary judgment."). To the extent White Tail claims a First Amendment interest, we have been offered no supporting facts. 1003, 140 L.Ed.2d 210 (1998). Before TRAXLER and DUNCAN, Circuit Judges, and, Frederick P. STAMP, Jr., United States District Judge. The standing requirement must be satisfied by individual and organizational plaintiffs alike. J.A. See Lujan, 504 U.S. at 560, 112 S.Ct. A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. We turn, briefly, to White Tail. 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. From Free Law Project, a 501(c)(3) non-profit. 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. 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. Read White Tail Park, Inc. v. Stroube, 04-2002. A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. 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. 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. There was no camp to attend. Lujan v. Defenders of Wildlife, 504 U.S. 555, 561 (1992). v. United States, 945 F.2d 765, 768 (4th Cir. ; D.H., on behalf of themselves and their minor children, I.P. 114. Plaintiffs also filed a motion for a preliminary injunction together with the complaint. 2130. J.A. 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."). J.A. John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. 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