The Ravinia Festival Association has filed a motion to dismiss a complaint from Karen Ettelson, a former volunteer for the organization’s Women’s Board.
Ettelson, a Glencoe resident, sued the musical festival nonprofit and its Board of Trustees for “defamatory conduct,” along with seven other counts, after the Board of Trustees expunged her from the working board for an alleged conduct violation.
The motion from the music non-profit, known for its summer concerts in Highland Park, argues the lawsuit should be dismissed because there is no justified reason for the courts to intervene with Ettelson’s volunteer status, board members are immune from suits and that the plaintiff failed to provide false statements of fact in her claims of defamation.
“While we appreciate her years of service, Ms. Ettelson does not have a legal right to volunteer for Ravinia,” the Ravinia Festival Association said in a statement. “Nor does she have a legal right to privacy over matters she brought to light herself by filing a baseless lawsuit.
“In contrast, Ravinia has the legal right to manage its affairs and the legal obligation to protect its employees and volunteers from abusive and inappropriate behavior,” the festival association added.
Ravinia received a complaint from an employee alleging mistreatment by Ettelson, the association said, so the organization hired labor and employment counsel to investigate the allegations.
Following the investigation, Ravinia found the employee’s complaint was substantiated and that Ettelson’s behavior “crossed the line,” according to the motion filed on April 5 in the Circuit Court of Cook County.
Ravinia, for the first time in its history, removed a volunteer from the Women’s Board.
“Ravinia does not tolerate the mistreatment of others,” the motion stated. “Ravinia requires that its personnel, representatives, and volunteers treat each other with respect, courtesy, and professionalism.”
A statement from Ettelson’s attorney, Carrie Herschman, said the non-profit’s motion to dismiss, “misrepresents our client, ignores properly pled facts and misstates the applicable law.”
“Ravinia’s leadership has continued to disparage and defame our client in emails containing false and unsubstantiated statements of misconduct made to an ever-broadening audience,” Herschman said in the statement. “We will vigorously oppose the motion to dismiss and advocate for the court to proceed with the case based on its merits.”
The music organization said it did not publicize Ettelson’s name, conduct or removal, and offered her the opportunity to resign. The music nonprofit’s motion rebuts her claims of false light invasion of privacy, arguing that the organization did not publicly announce the investigation or outcome.
“Instead, (Ettelson), not Ravinia, chose to make her removal public by filing this lawsuit. Ravinia stands on its decision,” the motion stated. “(Ettelson) has no actionable claims.”
Ravinia requests the dismissal of a letter from September 2023 attached in Ettelson’s complaint because she failed to plead any facts that it was made public.
“Rather, the letter attached to the Complaint demonstrates the opposite. The letter was addressed solely to (Ettelson) and, on its face, reflects that no parties were copied.”
The non-profit’s motion also denies Ettelson’s claim that the nonprofit’s Board of Trustees lacked the power to remove a member of the Women’s Board, arguing state law and organizational bylaws provide that authority.
In her January complaint, Ettelson requested reinstatement to her volunteer position. But Ravinia argues the court should abide by the rule of judicial non-intrusion and dismiss Ettelson’s request.
“(Ettelson) is requesting that this Court impermissibly intervene in the internal affairs of Ravinia,” the motion states. “Yet, the Amended Complaint fails to allege any fraud, mistake, collusion or arbitrariness necessary for the Court to review Ravinia’s decision.”
Ravinia’s motion further states the former volunteer’s complaint only does “lip service” to support allegations of intentional and negligent infliction of emotional distress by the non-profit.
Ettelson’s eight-count complaint named four members of Ravinia’s Board of Trustees — Chairman Christopher Klein, Vice-Chairman E. Scott Santi, Treasurer John Snyder, Jr. and Secretary Courtney M.P. Hollowell.
Ravinia’s complaint, however, said the Illinois Not for Profit Act protects uncompensated board members from lawsuits, and argued Ettelson failed to prove the exception for “willful or wanton” conduct applies.
A motion call hearing is scheduled for May 1 at the Richard Daley Center in Chicago.
chilles@chicagotribune.com
