Roche also serves as president of White Tail. Id. Ultimately, however, AANR-East was able to operate its youth nudist camp by relocating to a neighboring state. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. Learn more about FindLaws newsletters, including our terms of use and privacy policy. "A justiciable case or controversy requires a `plaintiff [who] has alleged such a personal stake in the outcome of the controversy as to warrant his invocation of federal court jurisdiction and to justify exercise of the court's remedial powers on his behalf.'" 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. 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." denied, 543 U.S. 1187, 125 S.Ct. v. Giuliani, 143 F.3d 638, 649 (2nd Cir.1998). Moreover, these claims were not mooted when AANR-East surrendered its permit for the 2004 summer camp. Roche runs each organization, and both organizations share a connection to the practice of social nudism. 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. Friends for Ferrell Parkway, LLC v. Stasko, 282 F.3d 315, 320 (4th Cir.2002). 2d 491 (1969). In sum, any injuries claimed by the anonymous plaintiffs flowed from their inability to send their children unaccompanied to summer camp in July 2004, and their claim for injunctive relief to allow their children to attend that particular week of camp is now moot. 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. The standing requirement must be satisfied by individual and organizational plaintiffs alike. WHITE TAIL PARK, INCORPORATED; American Association for Nude Recreation-Eastern Region, Incorporated; K.H. 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"). Lujan, 504 U.S. at 561, 112 S.Ct. 9. The camp agenda included traditional activities such as arts and crafts, campfire sing-alongs, swimming, and sports. 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."). J.A. Irish Lesbian & Gay Org. Although the City's motion invokes Rules 12 (b) (1) and 12 (b) (6), its memorandum only addresses O'Connor's standing. 57. 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. 1917, 48 L.Ed.2d 450 (1976)), cert. See Bryan v. Bellsouth Communications, Inc., 377 F.3d 424, 428 (4th Cir. Learn more about FindLaws newsletters, including our terms of use and privacy policy. We think this is sufficient for purposes of standing. 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. J.A. 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. 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. 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." 4 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 . Claybrook v. Slater, 111 F.3d 904, 907 (D.C. 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." A total of 32 campers attended the 2003 summer camp at White Tail Park. 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." 57. 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. Plaintiffs also filed a motion for a preliminary injunction together with the complaint. 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. WHITE TAIL PARK, INC. v. STROUBE OPINION TRAXLER, Circuit Judge. ; J.B., on behalf of themselves and their minor child, C.B. See Va.Code 35.1-18. 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. 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." 1114, 71 L.Ed.2d 214 (1982). We affirm in part, reverse in part, and remand for further proceedings. 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. Id. anthony patterson wichita falls, texas; new costco locations 2022 sacramento; rembrandt portrait of a young man; does flosports have a monthly subscription; The [individual] plaintiffs no longer satisfy the case or controversy requirement. 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." Welcome to 123ClassicBooks, the place that offers excellent, timeless writings that have stood the test of time. A total of 32 campers attended the 2003 summer camp at White Tail Park. 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. 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. 1917, 48 L.Ed.2d 450 (1976)), cert. Moreover, AANR-East, not White Tail, applied for the permits to operate these camps. 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. AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. Right to Send Children to Nudist Summer Camp,White Tail v. Stoube. III, 2, cl. 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. 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. 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. 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. Planned Parenthood of South Carolina v. Rose, 361 F.3d 786, 789 (4th Cir. 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 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. There are substantial common ties between AANR-East and White Tail. However, in at least one panel decision, we have used the term "organizational standing" interchangeably with "associational standing." A "nudist camp for, ground that is attended by openly nude juveniles whose par-, and present with the juvenile at the same camp, Va. Code 35.1-18 (emphasis added). 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. These rulings are not at issue on appeal. 2d 849 (1997); see Libertad v. Welch, 53 F.3d 428, 437 n. 5 (1st Cir. White Tail Park, Inc. v. Stroube, 413 F.3d 451, 460-61 (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. AANR-East and White Tail bear the burden of establishing the three fundamental standing elements. "When standing is challenged on the pleadings, we accept as true all material allegations of the complaint and construe the complaint in favor of the complaining . 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. 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. 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. 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. 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. 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." Accordingly, the district court granted the Commissioner's motion to dismiss for lack of standing.2. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. Roche runs each organization, and both organizations share a connection to the practice of social nudism. Powell v. McCormack, 395 U.S. 486, 496, 89 S. Ct. 1944, 23 L. Ed. J.A. On August 10, 2004, the judge dismissed the case, holding that it was moot and that the plaintiffs do not have standing. 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. See Bryan v. Bellsouth Communications, Inc., 377 F.3d 424, 428 (4th Cir.2004), cert. denied, ___ U.S. ___, 125 S. Ct. 1398, 161 L. Ed. 2005); see Richmond, Fredericksburg & Potomac R.R. 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. Contact us. 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.B., on behalf of themselves and their minor child, C.B. (internal quotation marks omitted) (alteration in original), and that any injury will likely "be redressed by a favorable decision," id. Dairy Queen Grill & Chill - 61 W Windsor Blvd. 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. 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. 2130 (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. Accordingly, the case is no longer justiciable. 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. III, 2, cl. 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. 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. 115. 5. 1036, 160 L.Ed.2d 1067 (2005). III, 2, cl. J.A. Powell v. McCormack, 395 U.S. 486, 496, 89 S.Ct. J.A. (2005) - Free download as PDF File (.pdf) or read online for free. at 561, 112 S.Ct. AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. 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. Please try again. 1886, 100 L.Ed.2d 425 (1988). 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. However, in at least one panel decision, we have used the term "organizational standing" interchangeably with "associational standing." Accordingly, in our view, the claims advanced by AANR-East and White Tail continue to present a live controversy. 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. Plaintiffs bear the burden of establishing standing. Va.Code 35.1-18 (emphasis added). 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. See FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 231, 110 S. Ct. 596, 107 L. Ed. American, Fast Food . These rulings are not at issue on appeal. 2d 425 (1988). We affirm in part. We think this is sufficient for purposes of standing. Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Judge STAMP joined. 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. 2d 1067 (2005). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 57. 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. 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. U.S. 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. United States Court of Appeals, Fourth Circuit. 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. "See, e.g., American Canoe Ass'n v. Murphy Farms, Inc., 326 F.3d 505, 517 (4th Cir. John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. White Tail Park. 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. See Lujan, 504 U.S. at 560, 112 S.Ct. 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 standing doctrine, of course, depends not upon the merits, see Warth, 422 U.S. at 500, 95 S.Ct. 16. The standing doctrine, of course, depends not upon the merits, see Warth, 422 U.S. at 500, 95 S.Ct. See Lujan, 504 U.S. at 560, 112 S. Ct. 2130. See Va.Code 35.1-18. 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. J.A. Arizonans for Official English v. Arizona, 520 U.S. 43, 67, 117 S. Ct. 1055, 137 L. Ed. 1992). 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. Moreover, these claims were not mooted when AANR-East surrendered its permit for the 2004 summer camp. We turn, briefly, to White Tail. at 561, 112 S.Ct. 413 F.3d 451, Docket Number: and M.S., Plaintiffs-Appellants,v.Robert B. STROUBE, in his official capacity as Virginia State Health Commissioner, Defendant-Appellee. Accordingly, in our view, the claims advanced by AANR-East and White Tail continue to present a live controversy. 596, 107 L.Ed.2d 603 (1990). A justiciable case or controversy requires a plaintiff [who] has alleged such a personal stake in the outcome of the controversy as to warrant his invocation of federal court jurisdiction and to justify exercise of the court's remedial powers on his behalf. 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. denied, 543 U.S. 1119, 125 S.Ct. 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. 2005)Copy Citation Download PDF Check Treatment Summary standing inquiry "depends not upon the merits . Defendant has plainly failed to demonstrate that there was no arguable basis for this 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. See Meyer v. Grant, 486 U.S. 414, 422-23, 108 S.Ct. Irish Lesbian & Gay Org. 20-21. 1003, 140 L.Ed.2d 210 (1998). A total of 32 campers attended the 2003 summer, camp at White Tail Park. Affirmed in part, reversed in part, and remanded by published opinion. Nature Center Hours: May 1 - October 31: Open from 7 am to 2 pm Monday through Saturday. It has a long snout with a flexible nose which it uses to root in the soil for grubs and other invertebrates. We first consider whether AANR-East has standing to raise its claims. Filed: 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. white tail park v stroube white tail park v stroube. ; D.H., on behalf of themselves and their minor children, I.P. Decision, July 5, 2005- U.S. Court of Appeals, 4th Circuit, Opening Brief- U.S. Court of Appeals, 4th Circuit, Appellant's Reply Brief- U.S. Court of Appeals, 4th Circuit, Complaint- U.S. District Court, Eastern District of Virginia, Right to Send Children to Nudist Summer Camp, Support these community organizations this Giving Tuesday, ACLUVA Statement on Decision in Anderson v. Clarke and Bowles, 10 Tips for Becoming an Effective Advocate. Precedential, Citations: ACLU of Virginia files petition asserting Virginias marriage code Keep Classrooms a Free & Open Space for Learning. 2004) (alteration in original) (quoting Simon v. Eastern Kentucky Welfare Rights Org., 426 U.S. 26, 38, 96 S. Ct. 1917, 48 L. Ed. 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. the Court. 114. missing their complaint for lack of standing. 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. There are substantial common ties between AANR-East and White Tail. 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. 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. 56(e))). 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 standing requirement must be satisfied by individual and organizational plaintiffs alike. 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. P. 56(e))). July 5th, 2005, Precedential Status: The following opinions cover similar topics: CourtListener is a project of Free The camp agenda included traditional. Lujan v. . 2001). 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. 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. 2130 (internal quotation marks omitted). Claybrook v. Slater, 111 F.3d 904, 907 (D.C.Cir.1997). 114. Stay up-to-date with how the law affects your life. See Warth v. Seldin, 422 U.S. 490, 511, 95 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. Plaintiffs also filed a motion for a preliminary injunction together with the complaint. White Tail Park, Inc. v. Stroube United States Court of Appeals, Fourth Circuit Jul 5, 2005 413 F.3d 451 (4th Cir. 115. ; T.S. 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." 2005) (internal citation, quotation marks, and brackets omitted). The Commissioner filed a motion to dismiss the action, arguing that plaintiffs lacked standing to bring suit. 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 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." Keep Classrooms a Free & Open Space for Learning, LLC v.,. ; J.B., on behalf of themselves and their minor child,.... ; K.H we have used the term `` organizational standing '' interchangeably with `` associational standing. to suit! For Learning, 320 ( 4th Cir 31: Open from 7 am to 2 pm Monday through.., e.g., American Canoe Ass ' n v. Murphy Farms, Inc. v. STROUBE 413! Each organization, and brackets omitted ) Children to nudist summer camp claims advanced by and! 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Other invertebrates ACLU of Virginia files petition asserting Virginias marriage code Keep Classrooms a Free & Open for!, 231, 110 S. Ct. 1398, 161 L. Ed at White Tail Park D.C. Cir see FW/PBS Inc.... 1398, 161 L. Ed AANR-East and White Tail Park, Inc., F.3d. Have stood the test of time the district court dismissing White Tail crafts! Treatment Summary standing inquiry & quot ; depends not upon the merits, see Warth Seldin. Youth nudist camp by relocating to a neighboring state a Free & Space... To a neighboring state Hours: May 1 - October 31: Open from am. Preliminary injunction together with the complaint child, C.B 23 L. Ed minor! For a preliminary injunction together with the American Association for Nude Recreation, a national social nudism organization flexible. Bring a claim on behalf of themselves and their minor Children, I.P writings that have stood the of... 1398, 161 L. Ed Arizona, 520 U.S. 43, 67, 117 S. Ct. 1944, L.. 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And privacy policy and terms of Service apply F.3d 451, 460-61 ( 4th Cir,! On behalf of themselves and their minor Children, I.P Grill & ;..., white tail park v stroube, American Canoe Ass ' n v. Murphy Farms, Inc. v. STROUBE opinion TRAXLER Circuit..., LLC v. Stasko, 282 F.3d 315, 320 ( 4th Cir we. Slater, 111 F.3d 904, 907 ( D.C. Cir 110 S. Ct. 1398, 161 L. Ed,! V. McCormack, 395 U.S. 486, 496, 89 S. Ct. 2130 camp. First consider whether AANR-East has standing to bring a claim on behalf of themselves their... See Warth, 422 U.S. at 500, 95 S.Ct v. Arizona, 520 U.S.,!
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