Author Topic: Child Labor in the Sea Org Laws: Daniel Montalvo v. Church of Scientology, et al  (Read 2302 times)

Offline Mary_McConnell

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These are important new lawsuits. Daniel deserves justice, as do the other Sea Org kids, and this is the way to really begin to accomplish that.

Daniel Montalvo v. Church of Scientology, et al
Posted on March 5, 2011


S. Christopher “Kit” Winter of the Dykema law firm (HQ Detroit, offices around the U.S.) has filed two lawsuits in the Los Angeles Superior Court this afternoon.  Both are brought on behalf of his client Daniel Montalvo.   Copies of the suits can be found at the links below.

Kit is an extraordinary man.   Mike Rinder and I briefed him in detail on what he would be up against personally in suing on behalf of Daniel.  Kit is walking onto the field with his eyes wide open, and unflinching.

Daniel too was briefed on what he can expect to face and he too made a conscious, principled decision to proceed. 

I know us old timers have referred to Daniel as the “kid” in the past.  As of today Daniel is no longer a kid.  Daniel Montalvo is a man.

http://markrathbun.files.wordpress.com/2011/03/montalvo_v_csi.pdf

http://markrathbun.files.wordpress.com/2011/03/montalvo_v_bridge_publications.pdf

http://markrathbun.wordpress.com/2011/03/05/daniel-montalvo-v-church-of-scientology-et-al/#comment-109416
I am a volunteer advocate for victims of the Narconon scam. I am a former scientologist. I post anonymously. Mary McConnell is my long time nom de plume. Feel free to contact me for assistance in righting the wrongs.

Offline mefree

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There is really not enough money to compensate for losing a childhood.

Good for the courageous Mr. Montalvo! I wish him the best with these suits.

 :::-O-:::
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Offline News Thetan

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Lawsuit claims Church of Scientology violated child labor and wage laws - Tampabay.com
4 March 2011, 11:33 pm
By Thomas C. Tobin and Joe Childs, Times Staff Writers

A runaway from the Church of Scientology's restrictive religious order, the Sea Org, alleges in two lawsuits filed Friday that the church violated California laws regulating child labor, wages and school attendance.

Daniel Montalvo, who turns 20 today, also contends his parents, who remain in the Sea Org, neglected him and breached their duty to protect him from harm by ceding his care to the church.

Church spokesman Tommy Davis said Friday night the church had not been served with the suits and could not comment on them. He noted Montalvo took Church of Scientology property — computer hard drives — when he left valued at tens of thousands of dollars. Then, with the help of church defectors Montalvo moved them across state lines.

Born in Ecuador, Montalvo moved with his parents to the church's spiritual headquarters in Clearwater when he was 5. He stayed there until age 15, when he was transferred to Los Angeles, where he worked at church facilities until leaving last September.

The lawsuits filed in state court in L.A. include allegations that Montalvo:

• Was permitted to attend school about one day a week because working for Sea Org took priority.

• Spent his childhood working at least 40 hours a week, and often more than 100 hours a week for pay that ranged from $35 to $50 a week.

• Had no work permits required of minors.

• Was made to work back-to-back 12-hour days in the fall of 2007, when the church was pushing its staff to produce and sell a new book release.

• From 2008 to 2010, was punished along with other workers for lack of production. He was made to run laps wearing a jacket and tie, clean grease traps and do push ups.

• Worked past midnight for two months in 2009 after rising at 6 a.m. each day, and was made to do push ups and dig ditches for lack of production.

• Suffered an accident at age 16 while cleaning a "notching" machine at the church's printing unit, Bridge Publications. Half of his right index finger was cut off and no ambulance was called, the lawsuit asserts. It says Montalvo was taken to the hospital but told by the Sea Org to tell doctors he was a volunteer. He was not to mention Scientology.

According to one of the two lawsuits, Montalvo's parents "effectively abandoned" him, and his caretakers in the church failed to adequately educate him or provide sufficient care, including medical treatment.

"Intentionally deprived of the basic skills needed to permit him to become a functioning adult member of society, Daniel now comes before the court a 19-year-old man with an eighth grade education, without assets, without a resume despite having labored for hundreds of hours per week over the last five years," the lawsuit states. "Every adult in Daniel's childhood failed him.''

Montalvo also has filed a wage and hour claim with the state's Division of Labor Standards seeking more than $150,000 in back wages for the three years — 2007 to 2010 — he worked for Bridge Publications. Davis called the claim "absurd.''

Other Sea Org members have taken the church to court in recent years, making similar claims. But Montalvo's case differs in that it invokes laws protecting children, said his lawyer, S. Christopher "Kit" Winter.

more at http://www.tampabay.com/news/scientology/lawsuit-claims-church-of-scientology-violated-child-labor-and-wage-laws/1155473
« Last Edit: March 05, 2011, 09:42 by mefree »
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Offline News Thetan

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Daniel Montalvo Hits Scientology With Stunning Child Labor Lawsuits - Village Voice (blog)
5 March 2011, 11:02 am
By Tony Ortega

Last October we told you the dramatic story of young Daniel Montalvo, a 19-year-old who had been brought up in Scientology but had made a dramatic break for freedom -- only to be thrown in jail by the LA Sheriff's Office on behalf of revenge-minded Scientologists.

Since that time, we've kept in touch with Daniel and the actor Jason Beghe, whose Malibu ranch has been Montalvo's protective sanctuary as Scientology continued to send private eyes and process servers at him.

Today, Daniel turns 20 years old. Yesterday, he filed two stunning lawsuits against Scientology with the help of attorney S. Christopher "Kit" Winter.

Winter helped Montalvo avoid the grand reaching that tends to characterize lawsuits against Scientology, and instead kept his complaints laser-focused on damning charges about how children are used by the church in troubling ways.

much more at http://blogs.villagevoice.com/runninscared/2011/03/daniel_montalvo_1.php
« Last Edit: March 05, 2011, 20:10 by mefree »
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Offline mefree

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Jonny Jacobsen has written a summary that is posted at Infinite Complacency:

http://infinitecomplacency.blogspot.com/2011/03/18-daniel-montalvos-lawsuits.html:


       
The ultimate authority must always rest with the individual's own reason and critical analysis.
-Dalai Lama