Scientology whines that its arbitration process is misunderstood, asks court for hug

Hey, we’re back from a short vacation and we’re trying to catch up with what’s been going on with Scientology litigation while we were gone.

And so we noticed that Scientology has responded to Valeska Paris and the Baxters, who are getting a chance to appeal their labor trafficking lawsuit that was derailed by Scientology’s “religious arbitration.”

And as for Scientology attorneys breaking out the smelling salts, they really didn’t disappoint this time. Oh, the outrages poor Scientology is being put through!

To quickly review, because we know this stuff is complex, Valeska Paris and Gawain and Laura Baxter, all Australia residents, sued Scientology and its leader David Miscavige in Tampa, Florida last April over the way they were treated as “Sea Org” members, alleging that they were forced into the Sea Org as children and suffered years of abuse while as kids and adults aboard the Freewinds, Scientology’s cruise ship that sails the Caribbean.

Scientology objected to the age of the allegations, the jurisdiction (suing in Tampa over things that happened at sea), but mostly Scientology complained that Valeska and the Baxters had signed employment contracts in the Sea Org that carried arbitration clauses. (And no, not the infamous Sea Org billion-year contract, which is not at issue in this case.) By signing those employment contracts, Scientology argued, they would have to take their grievances to an internal Scientology justice panel made up of Scientologists in good standing. (And not independent arbitration as you might be familiar with.)

Despite the sordid nature of the allegations, US District Judge Thomas Barber, saying that he felt his hands were tied by some Supreme Court decisions, agreed with Scientology that the three couldn’t sue Scientology in court because they had signed those contracts.

Valeska and the Baxters then asked Judge Barber for permission to make an “interlocutory” appeal to the Eleventh Circuit rather than go through the arbitration process and then appeal later. For one thing, they said, it could take years to get through Scientology’s arbitration procedures.

Judge Barber agreed, finding that the plaintiffs had found a couple of issues of “pure law” that the appeals court could look at without having to review the entire set of facts in the case.

And that’s what they did: Valeska’s attorneys submitted a petition to the Eleventh Circuit, focusing on issues like whether Judge Barber really shouldn’t have the ability to judge whether the contracts had been signed under duress (something he said he couldn’t do because of previous Supreme Court rulings).

Now, it’s Scientology’s turn to try to convince the Eleventh Circuit to deny Valeska’s petition, and as usual they have brought out the smelling salts and they’re doing their best to snow the court.

For example, Scientology is acting incredibly offended that anyone would suggest their arbitration process is anything but a quick and easy procedure that might take only a few months.

Perhaps the Petitioners’ most galling argument is the unfounded assertion that their process is more efficient than arbitration. Petitioners assert (without support) that arbitration of their claims could take two years. Scientology arbitration is expeditious, free, and convenient, as arbitrators can travel anywhere. Addressing Petitioners’ fraud and duress claims now does not resolve whether this case goes to arbitration. Addressing the First Amendment issue now will not terminate the case. And had Petitioners honored their Agreements, the arbitration could have concluded by now.

This is such classic Scientology. They know the court they’re whining to won’t bother to look up that it took years for the Garcia arbitration to take place. And that Valerie Haney is already well into her third year since her case was forced into arbitration.

But as usual, Scientology figures that if its attorneys act offended, galled, outraged, and beside themselves that they have to protect a church from such calumnies and dastardly aspersions, then some clueless justices who can’t see beyond the name “Church of Scientology” won’t know any better.

(And we will remind you, it was the Eleventh Circuit that upheld the arbitration ruling in the Garcia case, and Scientology probably figures it already has the upper hand in this case.)

Anyway, here’s the entire response from Scientology, if you care to absorb the full amount of outrage and bellyaching.

Baxter063023respondentsbrief

334KB ∙ PDF file

Download

Download

And here’s the petition from Valeska and the Baxters.

Baxter062023appeal

721KB ∙ PDF file

Download

Download

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