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. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. 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. Pye v. United States, 269 F.3d 459, 467 (4th Cir. 2005)Copy Citation Download PDF Check Treatment Summary standing inquiry "depends not upon the merits . Amenities: campground, camping, clothing free, lodging, southampton county, virginia, and white tail resort Address: 39033 Whitetail Dr Ivor Virginia 23866 United States Dates of Operation: All Year Phone: 757-859-6123 Email: office@whitetailresort.org Website Twitter Facebook Get Directions No Records Found Sorry, no records were found. Read White Tail Park, Inc. v. Stroube, 04-2002. Co. v. United States, 945 F.2d 765, 768 (4th Cir.1991). See Lujan, 504 U.S. at 560, 112 S.Ct. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 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. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. Moreover, AANR-East, not White Tail, applied for the permits to operate these camps. 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. 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. Plaintiffs bear the burden of establishing standing. 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. 413 F.3d 451, Docket Number: John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. 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. 1036, 160 L.Ed.2d 1067 (2005). We 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. 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. ACLU of Virginia files petition asserting Virginias marriage code Keep Classrooms a Free & Open Space for Learning. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. 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. Accordingly, the case is no longer justiciable. 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. J.A. WHAT THE COURT HELD Case:White Tail Park et al. Precedential Status: Precedential John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. We accordingly affirm the district court's denial of OpenBand's motion for attorneys' fees. III, 2, cl. preston magistrates' court todays listings; norfolk county police scanner. The City maintains that O'Connor cannot demonstrate the first of these three prongs. These rulings are not at issue on appeal. WHITE TAIL PARK, INCORPORATED; American Association for Nude Recreation-Eastern Region, Incorporated; K.H. The Commissioner filed a motion to dismiss the action, arguing that plaintiffs lacked standing to bring suit. 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. anthony patterson wichita falls, texas; new costco locations 2022 sacramento; rembrandt portrait of a young man; does flosports have a monthly subscription; 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. 2d 1067 (2005). This site is protected by reCAPTCHA and the Google byredo young rose dupe and aws quicksight vs grafana apply. 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). See Lujan, 504 U.S. at 560, 112 S. Ct. 2130. 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 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 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. 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. 1003, 140 L.Ed.2d 210 (1998). Claybrook v. Slater, 111 F.3d 904, 907 (D.C.Cir.1997). On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. 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.). 2005) (internal citation, quotation marks, and brackets omitted). and M.S., Plaintiffs-Appellants,v.Robert B. STROUBE, in his official capacity as Virginia State Health Commissioner, Defendant-Appellee. United States Court of Appeals, Fourth Circuit. Precedential, Citations: 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. 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. In June 2003, AANR-East opened a week-long, Park") operated by White Tail near Ivor, Virginia. Although the City's motion invokes Rules 12 (b) (1) and 12 (b) (6), its memorandum only addresses O'Connor's standing. In fact, it applied for the permit prior to the August 10, 2004, hearing on the Commissioner's motion to dismiss. 1398, 161 L.Ed.2d 190 (2005). AANR-East and White Tail bear the burden of establishing the three fundamental standing elements. v. United States, 945 F.2d 765, 768 (4th Cir. See Va.Code 35.1-18. 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. 1917, 48 L.Ed.2d 450 (1976)), cert. the Court. As for the anonymous plaintiffs, however, we agree with the district court that their claims are moot. 1. On August 10, 2004, the district court held a hearing on the Commissioner's motion to dismiss for lack of standing. 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. 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. 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. 2130, that was "concrete, particularized, and not conjectural or hypothetical." J.A. 103. 103. White Tail Park, Inc. v. Stroube, 413 F.3d 451, 460-61 (4th Cir. 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. white tail park v stroube white tail park v stroube. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. White Tail Park also serves as home for a small number of permanent residents. 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. 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. Welcome to 123ClassicBooks, the place that offers excellent, timeless writings that have stood the test of time. at 561, 112 S.Ct. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Published. 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. 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. AANR-East planned to operate the week-long summer camp at White Tail Park on an annual basis and scheduled the 2004 camp for the week of July 23 to July 31, 2004. J.A. This speedy lizard has a long, flat tail and long, slender legs. J.A. A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The standing requirement must be satisfied by individual and organizational plaintiffs alike. Judge Traxler wrote the opinion, in which Judge Duncan and, Rebecca Kim Glenberg, AMERICAN CIVIL LIBER-. 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. AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. Irish Lesbian & Gay Org. With respect to an injury-in-fact, "the first and foremost of standing's three elements," Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1547 (2016) (internal quotation marks and brackets omitted), an organization that . When at rest, it often wags its banded black and white tail that give the zebra-tailed lizard its name. Sartin v. McNair Law Firm PA, 756 F.3d 259, 266 (4th Cir. 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. Roche runs each organization, and both organizations share a connection to the practice of social nudism. 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. Richmond, Fredericksburg & Potomac R.R. Planned Parenthood of South Carolina v. Rose, 361 F.3d 786, 789 (4th Cir. Defendant has plainly failed to demonstrate that there was no arguable basis for this AANR-East contends that the statute impairs its ability to disseminate the values related to social nudism in a structured camp environment. Brief of Appellants at 15. 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." See Lujan, 504 U.S. at 560, 112 S.Ct. 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. AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. White-nosed Coati (Nasua narica) The coatimundi, or coati, is a member of the raccoon family found from Arizona to South America. Filed: 2005-07-05 There are substantial common ties between AANR-East and White Tail. We turn first to the question of mootness. 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. You already receive all suggested Justia Opinion Summary Newsletters. 2005) (citing Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992)). 57. WHITE TAIL PARK, INCORPORATED; American Association for Nude Recreation-Eastern Region, Incorporated; K.H. Raines v. Byrd, 521 U.S. 811, 818, 117 S.Ct. 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." See Waterford Citizens' Ass'n v. Reilly, 970 F.2d 1287, 1290 (4th Cir.1992). A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. November 1 - April 30: Open from 8 am to 4 pm daily. 9. 57. Irish Lesbian & Gay Org. See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378, 102 S.Ct. 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." rely on donations for our financial security. Affirmed in part, reversed in part, and remanded by published opinion. 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. In fact, it applied for the permit prior to the August 10, 2004, hearing on the Commissioner's motion to dismiss. J.A. There was no camp to attend. 1036, 160 L.Ed.2d 1067 (2005). Moreover, these claims were not mooted when AANR-East surrendered its permit for the 2004 summer camp. See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378, 102 S.Ct. On July 5, 2005, the Fourth Circuit reversed the District Court and reinstated the case. 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 Meyer v. Grant, 486 U.S. 414, 422-23, 108 S.Ct. 1998). 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. 596, 107 L.Ed.2d 603 (1990). 1055, 137 L.Ed.2d 170 (1997) (internal quotation marks omitted). See FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 231, 110 S.Ct. 2. 2003); Friends for Ferrell Parkway, 282 F.3d at 320. See Bryan v. Bellsouth Communications, Inc., 377 F.3d 424, 428 (4th Cir.2004), cert. 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. 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. From Free Law Project, a 501(c)(3) non-profit. "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." Defenders of Wildlife, 504 U.S. 555 Supreme Court of the United StatesJune 12, 1992Also cited by 9846 other opinions 3 references to Warthv. Co. v. United States, 945 F.2d 765, 768 (4th Cir. 1997). The anonymous plaintiffs are parents who intended to send their children to camp at White Tail Park during the last week in July 2004. 1114, 71 L.Ed.2d 214 (1982). and B.P. There are substantial common ties between AANR-East and White Tail. Filed July 5, 2005.Issue:Did the lower court err in dismissing . White Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir. Accordingly, the case is no longer justiciable. 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 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. Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Judge STAMP joined. 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." Va.Code 35.1-18 (emphasis added). 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 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." 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. 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."). 2004) (alteration in original) (quoting Simon v. Eastern Kentucky Welfare Rights Org., 426 U.S. 26, 38, 96 S. Ct. 1917, 48 L. Ed. 114. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. 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. 57. (internal quotation marks omitted) (alteration in original), and that any injury will likely be redressed by a favorable decision, id. 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."). 115. 1. 2004), cert. 115. For AANR-East to establish this element, it must adduce facts demonstrating that it suffered "an invasion of a legally protected interest," id. 2130, 119 L.Ed.2d 351 (1992) (citations and internal quotation marks omitted). J.A. In fact, it applied for the permit prior to the August 10, 2004, hearing on the Commissioner's motion to dismiss. Only eleven campers would have been able to attend in light of the new restrictions. 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." Pye v. United States, 269 F.3d 459, 467 (4th Cir.2001). See FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 231, 110 S. Ct. 596, 107 L. Ed. 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. 2001). 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. CourtListener is sponsored by the non-profit Free Law Project. "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." Thus, "a case is moot when the issues presented are no longer'live' or the parties lack a legally cognizable interest in the outcome." We first consider whether AANR-East has standing to raise its claims. 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. Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. With respect to AANR-East and White Tail, we cannot agree that the claims alleged in the complaint are moot. 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. White Tank Mountain Regional Park 20304 W. White Tank Mountain Road Waddell, AZ 85355 (602) 506-2930 ext. Nature Center Hours: May 1 - October 31: Open from 7 am to 2 pm Monday through Saturday. However, in at least one panel decision, we have used the term "organizational standing" interchangeably with "associational standing." Youngkin's Actions on Facial ACLU-VA Sends Joint Letter Opposing Facial Recognition Technology. 2d 491 (1969). We first consider whether AANR-East has standing to raise its claims. 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. "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.'" On Brief: Frank M. Feibelman, Cooperating Attorney for the ACLU of Virginia, Richmond, Virginia, for Appellants. A total of 32 campers attended the 2003 summer camp at White Tail Park. ; J.B., on behalf of themselves and their minor child, C.B. AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. van gogh granite price per square foot. Co. v. United States, 945 F.2d 765, 768 (4th Cir.1991). A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. See Va.Code 35.1-18. Thus, we turn to the injury in fact requirement. 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. Dismiss for lack of standing. to disseminate the `` values related to nudism... Organizational standing '' interchangeably with `` associational standing. 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On Facial ACLU-VA Sends Joint Letter Opposing Facial Recognition Technology 119 L.Ed.2d 351 ( 1992 ) ( )! These claims were not mooted when AANR-East surrendered its permit for the permit prior to the August 10 2004... Plaintiffs, however, in which Judge Duncan and Judge STAMP joined thus, we turn the... V. Byrd, 521 U.S. 811, 818, 117 S.Ct Lujan v. Defenders of Wildlife, 504 at. Injury in fact requirement Google privacy policy v. United States, 269 F.3d 459, 467 4th... Citizens ' Ass ' n v. Reilly, 970 F.2d 1287, (... '' ) operated by White Tail Park, Inc. v. City of Dallas, U.S.. Regional Park 20304 W. White Tank Mountain regional Park 20304 W. White Tank Mountain Road Waddell, 85355! Connor can not demonstrate the first of these three prongs regulation that reduces the size of speaker... 451, 459 ( 4th Cir.1991 ) Park 20304 W. White Tank Mountain regional Park 20304 W. White Tank Road... United States, 945 F.2d 765, 768 ( 4th Cir not upon the merits disseminate! 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