Community Of Jesus, Nonprofits Seeks Suit Dismissal

ORLEANS – The three defendants in a federal civil suit alleging unpaid child labor and trafficking in relation to the construction of the Community of Jesus’ performing arts center have filed motions to dismiss the suit.

 The Community, Arts Empowering Life Inc., and Performing Arts Building Foundation, Inc., each filed motions to dismiss Dec. 1 in U.S. District Court in Boston. 

Oliver Ortolani, a former member of the Community of Jesus, alleges in his suit filed in July that children in the Community were subjected to unpaid labor in the construction of the performing arts center, and that the defendants were in violation of the Racketeer Influenced and Corrupt Organizations (RICO) Act, the Trafficking Victims Protection Reauthorization Act (TVPRA) and the state’s labor trafficking statute. He also alleges that the defendants were unjustly enriched by the alleged unpaid labor. 

 Specifically, Ortolani alleges that children, including himself and his siblings, worked “nine to 16 hours a day without proper safety gear, training or breaks,” and 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 work on the building constituted “educational coursework,” and that child workers were hidden from government officials who came to inspect the project worksite.

 A memorandum filed with the motions says that Ortolani’s suit fails to provide the evidence necessary to support the allegations against the defendants. 

 “For instance, Plaintiff, Oliver Ortolani…fails to identify a single individual that did anything to him, what relationship that unidentified individual had with any of the Defendants, or how any unidentified individual did things that make any of the Defendants liable, let alone make all of them liable,” it reads.

 The memorandum also points to waivers allegedly signed by Ellen and David Ortolani, Oliver’s parents, consenting to Oliver’s participation in the work on the performing arts center in Brewster 

 “These agreements, expressly referencing Plaintiff, preclude any claim that his participation in these activities was ‘forced’ or ‘coerced’ by the Defendants, or that they ‘knew’ that he was ‘forced’ or ‘coerced’ to engage in these activities.”

 The alleged agreements signed by Ellen and David Ortolani also contradict any claims that the defendants were unjustly enriched through the alleged work performed by the children workers, it’s argued in the memorandum.

 “Here, the language of the release is plain and unambiguous: Oliver (through his parents) released all claims against AEL and PABF arising out of the activities, which are defined as ‘the construction of the new performing arts facility for [AEL/PABF],’” the memorandum reads.

 Separate from the motions to dismiss, the defendants have filed a countersuit in U.S. DIstrict Court against Ellen and David Ortolani. In that suit, it is alleged that the couple were instrumental in organizing the alleged child labor and educational program that is the subject of their son’s civil suit. 

 The memorandum adds that while Ortolani’s complaint “conclusorily lumps” the three defendants together, the defendants are not “alter egos” of one another. The complaint does not name or identify any particular individuals who engaged in the alleged offenses, the memorandum says.

 “He does not identify any relationship between any such unidentified individual and any of the Defendants,” it reads. “He does not identify how it is that any relationship between any such unidentified individual and any of the Defendants renders that Defendant liable for that unidentified individual’s conduct, much less how it is that any such unidentified relationship between any unidentified individual and any of the Defendants makes all of the Defendants liable.”

 There is also no evidence that the defendants had any knowledge of “forced labor” or any other form of “misconduct,” the memorandum claims, thus nullifying claims of violations under the state trafficking statutes and the TVPRA. Allegations of RICO violations are similarly discredited in the memorandum, noting the four-year statute of limitations that exists for such allegations. The memorandum also says that Ortolani cannot "plausibly allege” that forced labor or trafficking took place, or that any of the defendants participated in any racketeering activity. 

 Lily Smith, the attorney representing Oliver Ortolani, did not return a request for comment on the motions as of The Chronicle’s Tuesday deadline.