A federal judge denied a motion to strike breach of contract claims from a complaint filed against the Naples Philharmonic for allegedly discriminating against three musicians who refused the COVID vaccine.
“Artis-Naples has ruined their professional careers, and we believe that it is liable for the full amount of what they would have earned for the remainder of their working lives and that's going to be a very, very substantial number,” said Harry Mihet, vice president of legal affairs and chief litigation counsel at Liberty Counsel. “That's just lost income before we even get to the emotional trauma and stress that Artis-Naples has caused here by so openly and blatantly discriminating against our clients.”
Liberty Counsel sued Artis-Naples, home of the Naples Philharmonic, alleging religious discrimination under the Florida Civil Rights Act in violation of the Florida Whistleblower Act.
The plaintiffs, Ashley Leigh, Erik Berg, and James Griffith, submitted religious exemption requests but were denied and subsequently terminated.
“We're not asserting a breach of contract claim, but we are making references to the bargaining agreement that they did violate because it shows they had discriminatory intent,” Mihet told the Florida Record. “So, we're making those allegations to show they didn't abide by their own policies and contractual obligations, not to collect damages for breach of contract, but to show evidence they acted intentionally and in a discriminatory fashion.”
The three plaintiffs, who were committed to the Christian faith, had worked as musicians for the Naples Philharmonic for a combined 82 years. They refused to be vaccinated against COVID due to their belief that it is associated with aborted fetal cells.
"It's our position and our experience so far that these musicians are not going to be able to find anything comparable to what they had here in the state of Florida," Mihet added. "These positions are so unique and so hard to come by there. They're what we call once-in-a-lifetime positions."
Middle District of Florida Judge Kyle Dudec determined that the Plaintiffs did not include a cause of action for breach of contract and do not ask for relief based on a contract.
“There is nothing improper about them continuing to reference their employment contract (and the parties conduct thereunder) in the amended complaint,” Dudec wrote in his June 9 order. “How Artis-Naples behaved in relation to the contract could be evidence of discrimination, which are allegations directly relevant to Plaintiffs’ surviving claims.”