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Author Topic: [Google] Judge dimisses wage claims in Scientology lawsuit - The Associated Press  (Read 220 times)

News Thetan

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Judge dimisses wage claims in Scientology lawsuit - The Associated Press
5 April 2010, 8:50 pm



A federal judge has dismissed part of a lawsuit brought against the Church of Scientology by a woman who alleged she worked 100-hour weeks for almost no pay for years while a member of Scientology's elite inner corps.

U.S. District Judge Dale Fischer issued a written order late Friday that dismissed the wage claims portion of Claire Headley's lawsuit. The judge did not address two other causes of action: allegations that the church coerces members of the inner corps to get abortions and engages in forced labor.

The church denies all the allegations and has called the plaintiffs liars motivated by greed.

Headley sued the church in federal court in Los Angeles last year seeking restitution for nearly 14 years of work done while a member of Scientology's inner corps, called the Sea Organization. The church argued in court papers that as a Sea Organization member, Headley was exempt from wage requirements because she was part of a religious order.

So-called Sea Org members work long hours, live and eat communally and sign a pledge that symbolizes a 1 billion-year commitment to Scientology.

Fischer sided with Scientology in her five-page ruling, saying the evidence showed that Headley was chosen for her work based on religious criteria and performed religious duties.

The ruling "reaffirms the fact that we're a religion and the people who dedicate their lives to us are religious workers," said Tommy Davis, church spokesman. "It's an absolute win for the church."

Marc Marmaro, an attorney representing the church's Religious Technology Center, declined to comment.

A separate lawsuit filed by Headley's husband alleging labor code violations and forced labor remains intact, said Barry Van Sickle, attorney for both Headleys.

Claire Headley joined the Sea Org in 1991 at age 16 and worked at several locations, including on a gated 500-acre campus near San Jacinto, Calif.; Hollywood; and Clearwater, Fla. She left the Sea Org in 2005.

Scientology was founded more than 50 years ago by L. Ron Hubbard. Membership numbers are unclear. Spokesman Tommy Davis has said Scientology has millions of members worldwide. But the American Religion Identification Survey found the number of Americans who identify as Scientologists dropped from 55,000 in 2001 to 25,000 in 2008.

Practitioners believe they can eliminate negative energy from past lives through study and "auditing" sessions that use electronic devices called "e-meters" to detect mental trauma. Adherents hope to become "Operating Thetans," or pure spirits.

The Sea Org traces its roots to 1967, when Hubbard took his most dedicated followers on sea voyages to explore early civilizations and spread his teachings. The group is now land-based and has a membership of about 5,000.

found at http://www.google.com/hostednews/ap/article/ALeqM5iSe0tCft48K2bbNcjrDWFnLJ1M6QD9ET87D80
« Last Edit: April 05, 2010, 23:12 by mefree »
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mefree

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The Scn spin found here: http://www.prweb.com/releases/Scientology/District_Court/prweb3831984.htm

Quote
In the ruling granting summary judgment dismissing the wage and hour claims, Judge Dale Fischer today agreed with the Church of Scientology that the members of its religious order, known as the Sea Organization, which is comprised of the Church’s most dedicated members, are not subject to labor laws. Because the plaintiff chose to join a religious institution under her Church’s doctrine, her work was not subject to the payment of wages, the Court stated.

Judge Fischer specifically found that the plaintiff "was employed by a religious institution," that is, Church of Scientology International and Religious Technology Center, "was chosen for her position based largely on religious criteria," and "performed religious duties and responsibilities." The Court stated that like members of other religious orders, the plaintiff was only able to hold these positions based on her commitment to Scientology.

The plaintiff was a member of the Sea Organization from 1991 until 2005. During her years in the Sea Organization, the plaintiff held many positions within Scientology. Both CSI and RTC are recognized as churches by the IRS. The Sea Organization is a religious order for the Scientology religion and is composed of the most dedicated Scientologists in the world—individuals who have committed their lives to the volunteer service of their religion.

The first Sea Organization members formulated the one-billion-year pledge to symbolize their eternal commitment to the religion, still signed by all members today. As volunteers and members of a religious order, Sea Organization members work long hours and live communally with housing, meals, uniforms, medical and dental care, transport and all expenses associated with their duties provided by the Church. They also receive a small allowance to purchase personal items, as all of their other expenses are fully covered by the Church.
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wynot

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I guess that means that the 14th amendment does not apply to anybody who works for a 'church'.

Think of it - this hideous cult does not have to pay anything to any of its slaves, ever! And when they get old and sick, like real people do and OTs don't, the cult can (and does, and will) throw them out into the street like unwanted kittens.

[I have never seen a minister or employee of any regular church wearing torn shirts, stained ties, and shoes with holes in them. But I have seen Scientologist worker drones attired that way. Now they won't even be able their thrift-store clothes.

Those poor culties!]

Those poor culties! This horrid ruling will likely make little difference to honest religions, which will continue to see that their people are fed, housed, and clothed. But I bet the Rev. Moon, and many other cult leaders are quietly drinking toasts to Scientology!

'til next time;
wynot
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"When nothing seems to help, I go look at a stonecutter hammering away at his rock, perhaps a hundred times without as much as a crack showing in it. Yet at the hundred and first blow it will split in two, and I know it was not that blow that did it, but all that had gone before."

Jacob Riis

mefree

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Those poor culties! This horrid ruling will likely make little difference to honest religions, which will continue to see that their people are fed, housed, and clothed. But I bet the Rev. Moon, and many other cult leaders are quietly drinking toasts to Scientology!

...or receive decent health and dental care.
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The ultimate authority must always rest with the individual's own reason and critical analysis.
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wynot

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Yeah! That too!

That has to have been the sloppiest post I ever hit send on. I'll leave it that way. This unjust ruling bothers me, and I don't mind that being reflected in what I say here...

'til next time;
wynot
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"When nothing seems to help, I go look at a stonecutter hammering away at his rock, perhaps a hundred times without as much as a crack showing in it. Yet at the hundred and first blow it will split in two, and I know it was not that blow that did it, but all that had gone before."

Jacob Riis
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