Right to Send Children to Nudist Summer CampWhite 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. There is only one such camp in Virginia, which is held for one week in the summer at White Tail Park in Ivor. 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. The camp is highly supervised and there is no indication that any sexual activity takes place or that children are physically or psychologically harmed in any way. 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 one’s children, as well as the First Amendment right to free association. On August 10, 2004, the judge dismissed the case, holding that it was moot and that the plaintiffs do not have standing. We have appealed to the Fourth Circuit. On July 5, 2005, the Fourth Circuit reversed the District Court and reinstated the case.

Court Documents

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

Attorney(s)

Rebecca Glenberg, ACLU of Virginia

Pro Bono Law Firm(s)

Frank M. Feibelman, Richmond

Date filed

June 30, 2004

Court

U.S. Court of Appeals, Fourth Circuit

Status

Closed

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