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. Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Judge STAMP joined. 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. 1398, 161 L.Ed.2d 190 (2005). 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. 115. Claybrook v. Slater, 111 F.3d 904, 907 (D.C. Cir. However, in at least one panel decision, we have used the term "organizational standing" interchangeably with "associational standing." 1944, 23 L.Ed.2d 491 (1969). 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"). 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The standing doctrine, of course, depends not upon the merits, see Warth, 422 U.S. at 500, 95 S.Ct. ; J.S., on behalf of themselves and their minor children, T.J.S. 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. 57. 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. Dairy Queen Grill & Chill - 61 W Windsor Blvd. Const., art. On July 15, the district court denied the preliminary injunction after a hearing. 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. Filed: 2005-07-05 White Tail Park, Inc. v. Stroube, 413 F.3d 451, 460-61 (4th Cir. 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. Nudist parents send their teenage children to the camp in order for them to learn about the naturist lifestyle and to be among peers who also have come from nudist families. 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. There are substantial common ties between AANR-East and White Tail. Richmond, Fredericksburg & Potomac R.R. 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. The standing doctrine, of course, depends not upon the merits, see Warth, 422 U.S. at 500, 95 S.Ct. Irish Lesbian & Gay Org. 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. WHITE TAIL PARK, INCORPORATED; American Association for Nude Recreation-Eastern Region, Incorporated; K.H. 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." White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir. Accordingly, the case is no longer justiciable. 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." The [individual] plaintiffs no longer satisfy the case or controversy requirement. for the Eastern District of Virginia, at Richmond. Only eleven campers would have been able to attend in light of the new restrictions. All rights reserved. The camp agenda included traditional activities such as arts and crafts, campfire sing-alongs, swimming, and sports. 1. 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. Published. 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. 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. 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." 2130. Ultimately, however, AANR-East was able to operate its youth nudist camp by relocating to a neighboring state. Thus, "a case is moot when the issues presented are no longer'live' or the parties lack a legally cognizable interest in the outcome." 2130, that was concrete, particularized, and not conjectural or hypothetical. Pye v. United States, 269 F.3d 459, 467 (4th Cir.2001). 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." 103. 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. 1988. ; D.H., on behalf of themselves and their minor children, I.P. 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. Read White Tail Park, Inc. v. Stroube, 04-2002 READ 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. We note that the complaint includes a claim under the Fourteenth Amendment, alleging that the plaintiffs' right to privacy was violated by the statute. Va.Code 35.1-18 (emphasis added). 2130 (internal quotation marks omitted). The anonymous plaintiffs are parents who intended to send their children to camp at White Tail Park during the last week in July 2004. 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. See White Tail Park, Inc. v. Stroube, 413 F.3d 451, 458 (4th Cir. 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. 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. Roche also serves as president of White Tail. Prior to the scheduled start of AANR-East's 2004 youth camp, the Virginia General Assembly amended the statute governing the licensing of summer camps specifically to address youth nudist camps. Plaintiffs also filed a motion for a preliminary injunction together with the complaint. our Backup, Combined Opinion from A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. 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. 57. ; S.B. 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. 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. 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. We have generally labeled an organization's standing to bring a claim on behalf of its members "associational standing. Pye v. United States, 269 F.3d 459, 467 (4th Cir.2001). AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. 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. 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. weaning a toddler cold turkey; abc polish newspaper . July 5th, 2005, Precedential Status: 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. CourtListener is sponsored by the non-profit Free Law Project. 1998). Const., art. Moreover, these claims were not mooted when AANR-East surrendered its permit for the 2004 summer camp. 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 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. A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. 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. 1. See FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 231, 110 S.Ct. 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