Men & Women Against Discrimination v. Family Protection Services Board, 229 W. Va. 55

Summary

The Supreme Court of Appeals of West Virginia reviewed a summary judgment invalidating several Family Protection Services Board regulations governing domestic violence shelters, family protection programs, and perpetrator intervention programs. The court held that Men & Women Against Discrimination lacked standing because it alleged no concrete, particularized injury and had not applied for licensing or funding. The court reversed and remanded with directions to dismiss the action for lack of standing, while also concluding that the challenged regulations did not conflict with the West Virginia Domestic Violence Act.

Holdings

1. MAWAD lacked standing because it alleged no concrete and particularized injury that was actual or imminent; it had not suffered discrimination, been denied a license or funding, or even applied for either.
2. The First Amendment doctrines did not confer standing because the challenged rules did not restrict or threaten MAWAD's protected speech.
3. The circuit court lacked a legal basis to invalidate the challenged rules. C.S.R. § 191-2-1 merely stated the rule's scope, authority, and dates; § 191-2-4.11 permissibly required alternative lodging procedures for male victims who could not be accommodated in a shelter; and § 191-3-3 permissibly required training concerning the historical roots of domestic violence.

Questions Presented

1. Whether MAWAD had standing to challenge the Board's legislative rules without alleging an actual or imminent injury.
2. Whether the First Amendment overbreadth or chilling-effect doctrine supplied standing despite the absence of a concrete injury.
3. Whether the circuit court had a legal basis to invalidate C.S.R. §§ 191-2-1, 191-2-4.11, and 191-3-3 as inconsistent with the West Virginia Domestic Violence Act.

Disposition

reversed_and_remanded