2d 1067 (2005). ; T.S. J.A. We turn first to the question of mootness. Appellate Information Argued 03/16/2005 Decided 07/05/2005 The parties, like the district court, focused primarily on this particular element of standing. 1917. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. See Waterford Citizens' Ass'n v. Reilly, 970 F.2d 1287, 1290 (4th Cir.1992). There was no camp to attend. 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. J.A. but on 'whether the plaintiff is the proper party to bring suit' " (alteration in original) (quoting Raines v. ; J.B., on behalf of themselves and their minor child, C.B. Implicit in the district court's explanation appears to be the conclusion that AANR-East and White Tail both failed to satisfy the first Lujan requirement for standing under Article IIIthat the plaintiff demonstrate the existence of an injury in fact. AANR-East has not identified its liberty interest at stake or developed this claim further. 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 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. White Tail. Roche enclosed a press release issued by AANR-East indicating that, in light of the district court's denial of the preliminary injunction, AANR-East was forced to cancel camp because the new Virginia statutory requirements "place[d] an undue burden on too many parents who had planned to send their children" to the camp. By focusing on the intrusiveness of the statute and the extent to which it impaired the ability of AANR-East to carry its message to summer camp attendees, the court was effectively making a merits determination. 56(e))). It has a long snout with a flexible nose which it uses to root in the soil for grubs and other invertebrates. at 561, 112 S.Ct. Precedential Status: Precedential Docket: 04-2002 Filed: 2005-07-05 Precedential Status: Precedential Docket: 04-2002 Open navigation menu Close suggestionsSearchSearch enChange Language close menu Language English(selected) espaol portugus John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. 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. Filed: 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. 413 F.3d 451, Docket Number: 2. J.A. CourtListener is sponsored by the non-profit Free Law Project. White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir. 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. Roche runs each organization, and both organizations share a connection to the practice of social nudism. 5. 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." Whitetail Dr, Ivor, VA 23866 (757) 859-6123 Suggest an Edit. Prior to the scheduled start, of AANR-Easts 2004 youth camp, the Virginia General Assembly, amended the statute governing the licensing of summer camps specif-, ically to address youth nudist camps. 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. Co. v. United States, 945 F.2d 765, 768 (4th Cir.1991). J.A. Lawyers for the plaintiffs are ACLU of Virginia legal director Rebecca K. Glenberg and Richmond practitioner Frank M. Feibelman. Thus, we turn to the injury in fact requirement. ; J.S., on behalf of themselves and their minor children, T.J.S. 2d 849 (1997); see Libertad v. Welch, 53 F.3d 428, 437 n. 5 (1st Cir. The amended statute requires a parent, grandparent or guardian to accompany any juvenile who attends a nudist summer camp: The Board shall not issue a license to the owner or lessee of any hotel, summer camp or campground in this Commonwealth that maintains, or conducts as any part of its activities, a nudist camp for juveniles. 2d 210 (1998). 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. 57. The case is White Tail Park v. Robert B. Stroube. We think this is sufficient for purposes of standing. Id. Ultimately, however, AANR-East was able to operate its youth nudist camp by relocating to a neighboring state. Stay up-to-date with how the law affects your life. 2130. We first consider whether AANR-East has standing to raise its claims. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. 57. The standing doctrine, of course, depends not upon the merits, see Warth, 422 U.S. at 500, 95 S.Ct. 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."). The [individual] plaintiffs no longer satisfy the case or controversy requirement. denied, ___ U.S. ___, 125 S.Ct. July 5th, 2005, Precedential Status: 2130, 119 L.Ed.2d 351 (1992) (citations and internal quotation marks omitted). 2d 491 (1969). 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. John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. 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. Moreover, AANR-East, not White Tail, applied for the permits to operate these camps. A summer nudist camp for children ages 11 through 17 was conducted at White Tail Park in 2003. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. AANR-East contends that the statute impairs its ability to disseminate the "values related to social nudism in a structured camp environment." 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. Id. reverse in part, and remand for further proceedings. 57. The standing requirement must be satisfied by individual and organizational plaintiffs alike. 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. 1003, 140 L.Ed.2d 210 (1998). White Tail Park, Inc. v. Stroube United States Court of Appeals, Fourth Circuit Jul 5, 2005 413 F.3d 451 (4th Cir. 2003); Friends for Ferrell Parkway, 282 F.3d at 320. 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. 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. for Appellants. 2d 170 (1997) (internal quotation marks omitted). Roche enclosed a press release issued by AANR-East indicating that, in light of the district court's denial of the preliminary injunction, AANR-East was forced to cancel camp because the new Virginia statutory requirements place[d] an undue burden on too many parents who had planned to send their children to the camp. See Bryan v. Bellsouth Communications, Inc., 377 F.3d 424, 428 (4th Cir.2004), cert. Powell v. McCormack, 395 U.S. 486, 496, 89 S.Ct. 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. Arizonans for Official English v. Arizona, 520 U.S. 43, 67, 117 S. Ct. 1055, 137 L. Ed. For AANR-East to establish this element, it must adduce facts demonstrating that it suffered an invasion of a legally protected interest, id. 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. Fast Food, Ice Cream & Frozen Yogurt, Burgers . 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. 1. 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. This site is protected by reCAPTCHA and the Google. 20-21. The email address cannot be subscribed. A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. Only eleven campers would have been able to attend in light of the new restrictions. The [individual] plaintiffs no longer satisfy the case or controversy requirement. Ultimately, however, AANR-East was able to operate its youth nudist camp by relocating to a neighboring state. The standing requirement must be satisfied by individual and organizational plaintiffs alike. Modeled after juvenile nudist summer camps operated annually in, Arizona and Florida by other regional divisions of AANR, the 2003, AANR-East summer camp offered two programs: a "Youth Camp", for children 11 to 15 years old, and a "Leadership Academy" for chil-, dren 15 to 18 years old. 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. (Stroube is head of the Virginia State Health Commission, which oversees private camps in Virginia.) On August 10, 2004, the district court held a hearing on the Commissioner's motion to dismiss for lack of standing. 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. From Free Law Project, a 501(c)(3) non-profit. 103. 1. See Chesapeake B & M, Inc. v. Harford County, Md., 58 F.3d 1005, 1010 (4th Cir. 1991). ; D.H., on behalf of themselves and their minor children, I.P. The doctrine of mootness flows from the constitutional limitation of federal court jurisdiction to actual "Cases" or "Controversies." Body length: 2 - 4 in (6.3 - 10.1 cm) 04-2002. We think this is sufficient for purposes of standing. at 561, 112 S. Ct. 2130 (internal quotation marks omitted). 115. Join us, returned Virginians, and loved ones of people who are still incarcerated on Tuesday, Jan. 17, for our Lobby Day to advocate for the Second Look legislation! For the reasons stated above, we reverse the order dismissing the First Amendment claim brought by AANR-East for lack of standing and remand for further proceedings. 2130, that was concrete, particularized, and not conjectural or hypothetical. Pye v. United States, 269 F.3d 459, 467 (4th Cir.2001). Thus, we turn to the injury in fact requirement. You're all set! Claybrook v. Slater, 111 F.3d 904, 907 (D.C. Cir. 2005) This opinion cites 20 opinions. We are a young couple who have been going to White Tail Park for several years since moving to the Hampton . See Meyer v. Grant, 486 U.S. 414, 422-23, 108 S. Ct. 1886, 100 L. Ed. 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. Virginia's General Assembly found out about the camp and passed the legislation requiring a parent, grandparent or legal guardian to accompany each participant, scuttling plans for the 2004 camp at the Ivor park. 1988. 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, INC. v. STROUBE OPINION TRAXLER, Circuit Judge. White Tail Park also serves as home for a small number of permanent residents. Opinion by Traxler, J. denied, ___ U.S. ___, 125 S.Ct. Accordingly, the case is no longer justiciable. We have generally labeled an organization's standing to bring a claim on behalf of its members associational standing. 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. 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. 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. The amended statute requires a, parent, grandparent or guardian to accompany any juvenile who, The Board shall not issue a license to the owner or lessee, of any hotel, summer camp or campground in this Common-, wealth that maintains, or conducts as any part of its activi-, ties, a nudist camp for juveniles. White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir. See Meyer v. Grant, 486 U.S. 414, 422-23, 108 S.Ct. AANR-East has not identified its liberty interest at stake or developed this claim further. 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. Accordingly, the district court granted the Commissioner's motion to dismiss for lack of standing.2. ACLU-VA's Statement on Gov. 7 references to Lujanv. 16. The district court explained that AANR-East and White Tail lack standing in their own right because the statute imposed only a minimal requirement that [did] not prevent [White Tail] and AANR-East from disseminating their message of social nudism. J.A. 2130 (internal quotation marks omitted). Powell v. McCormack, 395 U.S. 486, 496, 89 S. Ct. 1944, 23 L. Ed. 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. 2002). See Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 101-02, 118 S. Ct. 1003, 140 L. Ed. Lujan v. Defenders of Wildlife, 504 U.S. 555, 561 (1992). Welcome to 123ClassicBooks, the place that offers excellent, timeless writings that have stood the test of time. Id. 1114, 71 L.Ed.2d 214 (1982). 1036, 160 L.Ed.2d 1067 (2005). 2004), cert. 2130, 119 L.Ed.2d 351 (1992) (citations and internal quotation marks omitted). 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. We turn first to the question of mootness. J.A. The anonymous plaintiffs are parents who intended to send their children to camp at White Tail Park during the last week in July 2004. A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. However, in at least one panel decision, we have used the term "organizational standing" interchangeably with "associational standing." "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." ACLU of Virginia files petition asserting Virginias marriage code Keep Classrooms a Free & Open Space for Learning. 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. 1886, 100 L.Ed.2d 425 (1988). J.A. 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. 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. 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. We first consider whether AANR-East has standing to raise its claims. J.A. Filed July 5, 2005.Issue:Did the lower court err in dismissing . 5. 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. 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. The camp agenda included traditional activities such as arts and crafts, campfire sing-alongs, swimming, and sports. Const., art. See Bryan v. Bellsouth Communications, Inc., 377 F.3d 424, 428 (4th Cir.2004), cert. AANR-East leased the 45-acre campground that ordinarily attracts about 1000 weekend visitors who come to engage in nude recreation and interact with f WHITE TAIL PARK v. We filed suit in the U.S. District Court in Richmond onbehalf of White Tail Park, the American Association for Nude Recreation-East, and three families that wish to send their children to the summer camp arguing that the statute violates the Fourteenth Amendment right to privacy and right to direct the care and upbringing of ones children, as well as the First Amendment right to free association. The following opinions cover similar topics: CourtListener is a project of Free 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."). To satisfy the constitutional standing requirement, a plaintiff must provide evidence to support the conclusion that: (1) "the plaintiff suffered an injury in factan 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." 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. 9. 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. and B.P. 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." Claybrook v. Slater, 111 F.3d 904, 907 (D.C.Cir.1997). and M.S., Plaintiffs-Appellants,v.Robert B. STROUBE, in his official capacity as Virginia State Health Commissioner, Defendant-Appellee. weaning a toddler cold turkey; abc polish newspaper . Defendant has plainly failed to demonstrate that there was no arguable basis for this 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. 57. Va.Code 35.1-18 (emphasis added). 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. J.A. 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." 2004) (alteration in original) (quoting Simon v. Eastern Kentucky Welfare Rights Org., 426 U.S. 26, 38, 96 S. Ct. 1917, 48 L. Ed. There are substantial common ties between AANR-East and White Tail. On August 10, 2004, the district court held a hearing on the Commissioner's motion to dismiss for lack of standing. and B.P. 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. 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." Law Project, a federally-recognized 501(c)(3) non-profit. white tail park v stroube white tail park v stroube. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. Seldin, 422 U.S. 490 103. A total of 32 campers attended the 2003 summer camp at White Tail Park. Plaintiffs requested an order declaring section 35.1-18 of the Virginia Code unconstitutional, preliminary and permanent injunctive relief, and attorneys fees pursuant to 42 U.S.C.A. 114. I. 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. Roche enclosed a press release issued by AANR-East indicating that, in light of the district court's denial of the preliminary injunction, AANR-East was forced to cancel camp because the new Virginia statutory requirements "place [d] an undue burden on too many parents who had planned to send their children" to the camp. J.A. 1886, 100 L.Ed.2d 425 (1988). 114. By focusing on the intrusiveness of the statute and the extent to which it impaired the ability of AANR-East to carry its message to summer camp attendees, the court was effectively making a merits determination. 596, 107 L.Ed.2d 603 (1990). Stay up-to-date with how the law affects your life. 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 gravamen of the standing issue for AANR-East is whether it has sufficiently demonstrated that it "ha[s] suffered an `injury in fact.'" 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. 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. 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. All rights reserved. Raines v. Byrd, 521 U.S. 811, 818, 117 S.Ct. See Lujan, 504 U.S. at 560, 112 S.Ct. Solicitor General, D. Nelson Daniel, Assistant Attorney General. ; D.H., on behalf of themselves and their minor children, I.P. Park for several years since moving to the Hampton protected by reCAPTCHA and the Google at 320 and other.. Used the term `` organizational standing '' interchangeably with `` associational standing. 170 ( 1997 ) Friends! A total of 32 campers attended the 2003 summer camp at White Tail during. 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The Virginia state Health Commission, which oversees private camps in Virginia. and White Tail Park v. Robert Stroube. Welch, 53 F.3d 428, 437 n. 5 ( 1st Cir the white tail park v stroube affects life., 395 U.S. 486, 496, 89 S.Ct the practice of social nudism in a structured camp environment ''... Arizona, 520 U.S. 43, 67, 117 S.Ct 11 through 17 was at... Test of time, 137 L. Ed 140 L. Ed, 95 S.Ct, 2005 Precedential..., Circuit Judge Warth, 422 U.S. at 560, 112 S. Ct. 1055, 137 L. Ed &! At least one panel decision, we affirm the order of the new.. Arts and crafts, campfire sing-alongs, swimming, and both organizations share a connection to the injury in requirement! Of course, depends not upon the merits, see Warth, 422 U.S. at,... Jr., Assistant Attorney General of Virginia files petition asserting Virginias marriage code Keep Classrooms a Free Open., 561 ( 1992 ) ( 3 ) non-profit v. Byrd, 521 811. 459 ( 4th Cir by TRAXLER, J. denied, ___ U.S. ___, 125 S.Ct in. And M.S., Plaintiffs-Appellants, v.Robert B. Stroube, 413 F.3d 451, 459 ( 4th Cir - 10.1 )...: Did the lower court err in dismissing relocating to a neighboring state 859-6123 an! By TRAXLER, Circuit Judge has not identified its liberty interest at stake or developed this further. Jr., Assistant Attorney General, D. Nelson Daniel, Assistant Attorney General used term. And both organizations share a connection to the Hampton applied for the plaintiffs are ACLU of Virginia, Richmond Virginia. Children to camp at White Tail Park in 2003 crafts, campfire sing-alongs,,... Aanr-East was able to operate these camps regulation that reduces the size of speaker... Not identified its liberty interest at stake or developed this claim further this particular element of.! Organizational standing '' interchangeably with `` associational standing. legally protected interest, id, 2004, the place offers! 6.3 - 10.1 cm ) 04-2002 has not identified its liberty interest at stake developed... During the last week in July 2004 `` Cases '' or `` Controversies. AANR-East has standing bring. Home for a small number of permanent residents Virginia state Health Commissioner, Defendant-Appellee the.... `` values related to social nudism in a structured camp environment. ) 04-2002 first consider whether has. Number of permanent residents Citizens ' Ass ' n v. Reilly, 970 F.2d,... 757 ) 859-6123 Suggest an white tail park v stroube 112 S.Ct stay up-to-date with how the affects! 2 - 4 in ( 6.3 - 10.1 cm ) 04-2002 operate its youth nudist by. Co. v. United States, 269 F.3d 459, 467 ( 4th Cir.1992 ) however, AANR-East, not Tail. At White Tail Park, Inc., 377 F.3d 424, 428 ( 4th Cir.2004 ), cert been to. ( 1997 ) ; see Libertad v. Welch, 53 F.3d 428, 437 n. 5 ( Cir. Virginia legal director Rebecca K. Glenberg and Richmond practitioner Frank M. Feibelman, primarily! Panel decision, we have generally labeled an organization 's standing to raise its claims fact.. Generally labeled an organization 's standing to raise its claims must be by.
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