In White Tail Park, Inc. v. Stroube, the Fourth Circuit in an opinion by Judge Traxler reversed the District Court on the question fo whether the American Association for Nude Recreation has standing to challenge the new Virginia law prohibiting licensure of nudist camps for juveniles attending without their parents.
In the 2004, the General Assembly amended Va. Code § 35.1-18, to prohibit licenses for nudist camps for juveniles. The American Association for Nude Recreation held such a camp in Virginia in 2003 and planned another for 2004. The Association sued for a declaration that the new law violated their constitutional rights to privacy and freedom of association under the First Amendment. After its motion for preliminary injunction was denied, the Association dropped its plans for a camp in Virginia during 2004. Because the Association moved its 2004 camp to another state, the District Court dismissed the Association’s claims both on grounds of mootness and lack of standing.
On standing, the Association claimed injury to itself as an organization, and did not rely on injuries to its members. It asserted that the prohibition against camps for young people only would reduce the size of the audience for its message of social nudism and this reduction will continue so long as the law remains in effect. While District Court rejected this consequence as de minimis, Judge Traxler disagreed, concluding that a state law that reduces the size of a speaker’s audience can constitute an invasion of a legally protected interest.