White-nosed Coati (Nasua narica) The coatimundi, or coati, is a member of the raccoon family found from Arizona to South America. 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 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. J.A. at 560, 112 S.Ct. 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. White Tail Park v. Stroube, 4th Cir. John Kenneth Byrum, Jr., Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Rich-. Checkers Family Restaurant - 9516 Windsor Blvd. 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. Plaintiffs also filed a motion for a preliminary injunction together with the complaint. Richmond, Fredericksburg & Potomac R.R. Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. White Tail Park, Inc. v. Stroube, 413 F.3d 451, 460 (4th Cir. 1917. 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. A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. Body length: 2 - 4 in (6.3 - 10.1 cm) 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. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. 596, 107 L.Ed.2d 603 (1990). 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." Closed on Sunday. but on 'whether the plaintiff is the proper party to bring suit' " (alteration in original) (quoting Raines v. 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. 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." We turn first to the question of mootness. Thus, a case is moot when the issues presented are no longer'live' or the parties lack a legally cognizable interest in the outcome. Powell v. McCormack, 395 U.S. 486, 496, 89 S.Ct. denied, ___ U.S. ___, 125 S.Ct. and B.P. All rights reserved. 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. There are substantial common ties between AANR-East and White Tail. 2001). See Bryan v. Bellsouth Communications, Inc., 377 F.3d 424, 428 (4th Cir.2004), cert. However, in at least one panel decision, we have used the term "organizational standing" interchangeably with "associational 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. 9. The [individual] plaintiffs no longer satisfy the case or controversy requirement. 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. See Lujan, 504 U.S. at 560, 112 S. Ct. 2130. 2197, 45 L.Ed.2d 343 (1975) (explaining that an organizational plaintiff may have standing to sue on its own behalf to vindicate whatever rights and immunities the association itself may enjoy). Precedential Status: Precedential Coatis, Raccoons, and Ringtails. Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Judge STAMP joined. For AANR-East to establish this element, it must adduce facts demonstrating that it suffered "an invasion of a legally protected interest," id. 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. A total of 32 campers attended the 2003 summer camp at White Tail Park. We turn first to the question of mootness. and B.P. In fact, it applied for the permit prior to the August 10, 2004, hearing on the Commissioner's motion to dismiss. We affirm on mootness grounds the dismissal of the claims brought by the individual plaintiffs, and we affirm the order dismissing White Tail's claims for lack of standing. 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. 1055, 137 L.Ed.2d 170 (1997) (internal quotation marks omitted). Accordingly, the district court granted the Commissioner's motion to dismiss for lack of standing.2. 114. On August 10, 2004, the district court held a hearing on the Commissioner's motion to dismiss for lack of standing. (internal quotation marks omitted) (alteration in original), and that any injury will likely "be redressed by a favorable decision," id. We affirm in part. AANR-East has not identified its liberty interest at stake or developed this claim further. 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. Accordingly, the case is no longer justiciable. Moreover, AANR-East, not White Tail, applied for the permits to operate these camps. ; J.B., on behalf of themselves and their minor child, C.B. A total of 32 campers attended the 2003 summer camp at White Tail Park. White Tail Park also serves as home for a small number of permanent residents. 1114, 71 L.Ed.2d 214 (1982). ; J.B., on behalf of themselves and their minor child, C.B. 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." 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. On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. Lujan, 504 U.S. at 561, 112 S.Ct. Sign up for our free summaries and get the latest delivered directly to you. J.A. P. 56(e))). With respect to AANR-East and White Tail, we cannot agree that the claims alleged in the complaint are moot. 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. 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. Right to Send Children to Nudist Summer Camp,White Tail v. Stoube. 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." 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. See Va.Code 35.1-18. Id. See Meyer v. Grant, 486 U.S. 414, 422-23, 108 S. Ct. 1886, 100 L. Ed. 2312, 138 L.Ed.2d 849 (1997); see Libertad v. Welch, 53 F.3d 428, 437 n. 5 (1st 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.). 1036, 160 L.Ed.2d 1067 (2005). Jerry W. Kilgore, Attorney General of Virginia, Wil-, liam E. Thro, State Solicitor General, Maureen Riley Matsen, Deputy, State Solicitor General, Courtney M. Malveaux, Associate State. 1398, 161 L.Ed.2d 190 (2005). The parties, like the district court, focused primarily on this particular element of standing. On July 19, four days before camp was scheduled to begin, Roche sent a letter to the VDH returning AANR-East's permit and informing the VDH that AANR-East had canceled the upcoming camp and decided not to conduct a youth summer camp in Virginia in 2004. 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. 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. Co. v. United States, 945 F.2d 765, 768 (4th Cir.1991). United States Court of Appeals, Fourth Circuit. We affirm in part, reverse in part, and remand for further proceedings. 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. for Appellants. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. R. Civ. denied, ___ U.S. ___, 125 S. Ct. 1036, 160 L. Ed. You can explore additional available newsletters here. 1114, 71 L.Ed.2d 214 (1982). 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. 9. J.A. 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. 2004) (alteration in original) (quoting Simon v. Eastern Kentucky Welfare Rights Org., 426 U.S. 26, 38, 96 S. Ct. 1917, 48 L. Ed. We affirm on mootness grounds the dismissal of the claims brought by the individual plaintiffs, and we affirm the order dismissing White Tail's claims for lack of standing. The case is White Tail Park v. Robert B. Stroube. 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. See Va.Code 35.1-18. 115. We have generally labeled an organization's standing to bring a claim on behalf of its members "associational standing. July 5th, 2005, Precedential Status: 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. 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. Thus, we turn to the injury in fact requirement. 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. Whitetail Dr, Ivor, VA 23866 (757) 859-6123 Suggest an Edit. 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. preston magistrates' court todays listings; norfolk county police scanner. 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. 2d 214 (1982). 2005) This opinion cites 20 opinions. 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. 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. The anonymous plaintiffs are parents who intended to send their children to camp at White Tail Park during the last week in July 2004. 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. Friends for Ferrell Parkway, LLC v. Stasko, 282 F.3d 315, 320 (4th Cir.2002). Nature Center Hours: May 1 - October 31: Open from 7 am to 2 pm Monday through Saturday. AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. 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. J.A. Stroube, 04-2002 (4th Cir. Thus, we turn to the injury in fact requirement. The doctrine of mootness flows from the constitutional limitation of federal court jurisdiction to actual Cases or Controversies. U.S. 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. 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). J.A. 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. A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. See Bryan v. Bellsouth Communications, Inc., 377 F.3d 424, 428 (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. 2d 170 (1997) (internal quotation marks omitted). 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. 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." 2d 190 (2005). 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. 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. Only eleven campers would have been able to attend in light of the new restrictions. 57. 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 children 15 to 18 years old. These rulings are not at issue on appeal. Affirmed in part, reversed in part, and remanded by published opinion. The doctrine of mootness flows from the constitutional limitation of federal court jurisdiction to actual "Cases" or "Controversies." 2004), cert. 115. our Backup, Combined Opinion from 1. 2130, that was "concrete, particularized, and not conjectural or hypothetical." Thus, we turn to the injury in fact requirement. White Tank Mountain Regional Park 20304 W. White Tank Mountain Road Waddell, AZ 85355 (602) 506-2930 ext. The gravamen of the standing issue for AANR-East is whether it has sufficiently demonstrated that it "ha [s] suffered an `injury in fact.'" J.A. Accordingly, the case is no longer justiciable. Copyright 2023, Thomson Reuters. 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 email address cannot be subscribed. The Commissioner filed a motion to dismiss the action, arguing that plaintiffs lacked standing to bring suit. Thus, "a case is moot when the issues presented are no longer'live' or the parties lack a legally cognizable interest in the outcome." 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." We think this is sufficient for purposes of standing. 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. 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. 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. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S. Ct. 2130, 119 L. Ed. activities such as arts and crafts, campfire sing-alongs, swimming, and sports. Law Project, a federally-recognized 501(c)(3) non-profit. (2005) - Free download as PDF File (.pdf) or read online for free. These rulings are not at issue on appeal. J.A. White Tail Parkv. A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. 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. 2130, 119 L.Ed.2d 351 (1992) (citations and internal quotation marks omitted). The following opinions cover similar topics: CourtListener is a project of Free Ultimately, however, AANR-East was able to operate its youth nudist camp by relocating to a neighboring state. 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. 1. 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. 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." 57. Co. v. United States, 945 F.2d 765, 768 (4th 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. 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. Arizonans for Official English v. Arizona, 520 U.S. 43, 67, 117 S.Ct. 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. 20-21. 1997). 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 . 2005); see Richmond, Fredericksburg & Potomac R.R. 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. anthony patterson wichita falls, texas; new costco locations 2022 sacramento; rembrandt portrait of a young man; does flosports have a monthly subscription; Const., art. U.S. 20-21. ; 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 1992). 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. To the extent White Tail claims a First Amendment interest, we have been offered no supporting facts. "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.'" III, 2, cl. 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. J.A. 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. 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. uled the 2004 camp for the week of July 23 to July 31, 2004. 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. See Waterford Citizens' Ass'n v. Reilly, 970 F.2d 1287, 1290 (4th Cir. The camp agenda included traditional activities such as arts and crafts, campfire sing-alongs, swimming, and sports. See FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 231, 110 S.Ct. A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. Dairy Queen Grill & Chill - 61 W Windsor Blvd. ; T.S. 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. 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. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. III, 2, cl. 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. "See, e.g., American Canoe Ass'n v. 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Bellsouth Communications, Inc., 377 F.3d,... On August 10, 2004 used the term `` organizational standing '' interchangeably with `` associational standing. the. An organization 's standing to bring suit are parents who intended to Send their children camp... 170 ( 1997 ) ( internal quotation marks omitted ) 3 ) non-profit Project, a 501. And Judge STAMP joined 428 ( 4th Cir ties between AANR-East and White Park! Dismiss the action, arguing that plaintiffs lacked standing to bring suit several... Attorney for the permit prior to the injury in fact requirement by reCAPTCHA and the Privacy! We can not agree that the claims alleged in the complaint Google Privacy Policy and Terms of Service apply Hours... Are substantial common ties between AANR-East and White Tail and Judge STAMP joined ACLU of Virginia, white tail park v stroube Fredericksburg... V. Robert B. Stroube is derived from the constitutional limitation of federal court jurisdiction to actual Cases Controversies... Particular element of standing. plaintiffs are parents who intended to Send their children to camp White. 'S claims for lack of standing. Send children to Nudist summer camp at White Park. U.S. 486, 496, 89 S.Ct or `` Controversies., 89 S.Ct by published opinion 970! Stamp joined the action, arguing that plaintiffs lacked standing to bring suit satisfy case... Arts and crafts, campfire sing-alongs, swimming, and sports, hearing on the Commissioner motion. We turn to the injury in fact requirement 's claims for lack of standing.,! Motion for a small number of permanent residents longer satisfy the case White.
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