Plaintiff’s Parents Named In Community Of Jesus Countersuit

ORLEANS – The Community of Jesus and two other nonprofits last week filed suit in federal district court against the parents of the plaintiff that is currently bringing suit against them over the construction of the Community’s performing arts center. 

Ellen and David Ortolani are listed as defendants in the civil suit, which was filed Nov. 19 in U.S. District Court in Boston by the Community, Arts Empowering Life, Inc., and Performing Arts Building Foundation, Inc. Their son, Oliver Ortolani, filed suit in July alleging that the three plaintiffs, referred to as “the Charitable Organizations” in the most recent countersuit, resorted to child trafficking and unpaid child labor in constructing the performing arts center in Brewster. 

In the countersuit, it is alleged that Ellen and David Ortolani were instrumental in leading the work and home schooling program that allegedly involved children in the Community, including Oliver Ortolani and two of his siblings.

Through the countersuit, the plaintiffs are seeking indemnification in the form of “any damages, costs and attorney’s fees” they incur should they be found liable in the lawsuit brought by Oliver Ortolani.

“The charitable organizations will shortly move to dismiss each of Oliver’s claims pursuant to Fed. R. Civ. P. 12(b)(6),” the suit reads. “Nevertheless, because Oliver’s lawsuit has been filed, they are entitled to contribution and indemnification from the Ortolanis.”

In his suit, Oliver Ortolani alleges that he was one of a number of boys who were “subject to forced labor and trafficking” through their role in helping build the community’s performing arts center. Specifically, the suit alleges violations of the Trafficking Victims Protection Reauthorization Act and Racketeer Influenced and Corrupt Actions Act (RICO), and also alleges “unjust enrichment” by the defendants.

Also detailed in Oliver Ortolani’s suit are allegations that children were forced to work “nine to 16 hours a day without proper safety gear, training or breaks,” with minimal time given for breakfast and lunch. It is also alleged that child workers were “assaulted” or “shunned by the Community” if they complained or showed “even mild frustration with the harsh regime.” It is also alleged that children were kept out of school under the pretense that the work on the center constituted “educational coursework,” and that Community members hid children from government inspectors when they visited the project worksite.

The countersuit alleges that Ellen and David Ortolani were instrumental in conceiving and overseeing the work program, and that they were the ones who would wake Oliver up and “apparently” drive him to the work site. The countersuit also includes “waivers, releases, indemnifications and acknowledgements” from both parents allegedly showing their knowledge and approval of the conditions of the work program.

It is also argued that Oliver Ortolani, in his suit, “does not identify any individual who supposedly treated him inappropriately,” and that no connection is established in the suit between “any such unidentified individual” and any of the three charitable organizations. 

“The Charitable Organizations assert in the strongest of terms that Oliver’s claims are worse than merely false,” the countersuit reads. “The facts of which he is well aware (and of which those who filed this claim at a minimum should have been well aware with reasonable diligence) make it very plain that his allegations are false.”

Oliver Ortolani’s suit alleges that he suffered “joint and back pain” and has been diagnosed with post traumatic stress disorder as a result of performing the alleged work on the performing arts center. The suit further alleges that he suffers from other issues including anxiety, stress, panic attacks, distrust of authority, fear and shame.

But the countersuit alleges that these issues were pre-existing, and that Oliver suffered from “a litany of medical, psychiatric, emotional and behavioral problems” from his “early childhood on.” Those include physical ailments such as “severe abdominal pain,” joint pain and “bouts of chest pain.” The countersuit also alleges that Oliver exhibited behavioral issues including “bouts of severe anger and aggression” toward others including his siblings, and “an inability to pay attention and sustain focus.”

The countersuit further alleges that David and Ellen Ortolani conceived of the work program as a means of helping their son address those issues, which it is alleged were “exacerbated” by their marital issues. 

Ellen Ortolani allegedly played an “instrumental” role in conceiving and developing the work program by “recruiting adults and children to volunteer at the site, scheduling that volunteer work and overseeing the entire project,” according to the countersuit. David Ortolani, meanwhile, was actively involved in supervising the work onsite and the children involved, including his three sons, the countersuit alleges.

It is further alleged that in 2020, the Ortolanis and other adults involved transformed the work program into “a home schooling program” involving “ten children of different ages from about 5 families,” according to the countersuit. “Dozens and dozens of photographs, and an endless amount of video” allegedly exist showing children “smiling, laughing, arms around one another, visibly enjoying what they were doing and one another,” it is alleged.

“Adults, including David Ortolani, created a classroom onsite in which the children were taught about the properties of various building materials, principles of architecture and construction and the like,” the countersuit reads. “There were arts and crafts; there were camping trips.”

The countersuit includes signed agreements with Arts Empowering Life, Inc., and Performing Arts Building Foundation, Inc. that allegedly show Ellen and David Ortolani’s knowledge and support of the alleged work program. In the agreements, the Ortolanis appear to give consent to their children’s involvement in helping build “sets and props” and other construction involving “power tools, ladders, hydraulic equipment, moving vehicles and other danger.” The agreements also reference “running, arching, calisthenics, playing musical instruments, performances and other athletic and physically demanding activities,” and release the nonprofits from any liability related to such activities.

“I understand that this is on a volunteer basis and that there will be no payment for services,” reads a clause in the agreements. The agreements also specify that the Ortolanis consulted with their children's physician before involving them in the work program.

Additional exhibits attached to the countersuit appear to show Ellen Ortolani’s support for Arts Empowering Life through a number of social media postings. 

In the Facebook posts, Ellen seeks donations to AEL in support of “Spirit,” a winter percussion ensemble through the nonprofit that her “oldest son” was a member of.

“Thank you for your generosity to this group that has been so generous to so many kids from Cape Cod and beyond,” read a post dated Nov. 27, 2017. 

“Ellen was outspoken in her support, admiration and gratitude for AEL, which her son has now accused of ‘trafficking’ and ‘forced labor,’ as well as abuse of various kinds,” the countersuit reads.

According to the countersuit, Ellen and David Ortolani currently live in Idaho. Calls and texts made to David Ortolani for comment were not returned as of The Chronicle’s Tuesday deadline.