Former North Carolina Symphony Musicians Sue Over COVID-19 Vaccine Mandates

Three musicians, who were fired from the orchestra after they refused to get vaccinated for religious reasons, are suing the orchestra for alleged damages

A lawsuit against the North Carolina Symphony has been filed by former orchestra violinist David (aka Dovid) Friedlander and the French horn players Christopher Caudill and Rachel Niketopoulos, a married couple.

The three musicians’ allege they were fired from the NC Symphony in 2022 for their refusal to get vaccinated against COVID-19 on religious grounds, and for trying to exercise their freedom of religion. Friedlander is Jewish, while Caudill and Niketopoulos are Buddhists.

The federal complaint was filed in the U.S. District Court for the Eastern District of North Carolina by the Center for American Liberty — against NC Symphony, its president and CEO Sandi Macdonald, and the North Carolina Department of Natural and Cultural Resources, which manages the orchestra.

In August 2021, the NC Symphony implemented a vaccine mandate — to continue performing, all musicians must be vaccinated against COVID-19.

According to the lawsuit, Friedlander, Caudill, and Niketopoulos claimed they “could not receive a COVID-19 vaccine without compromising their faith,” plus “submitted religious accommodation requests and expected they would be quickly granted.”

“I sent in all the forms they asked for. The religious accommodations form, and exemption letter I wrote out. I sent it to them. The next day, they denied me. They said I can’t come back and play,” said Friedlander, who had taken a year off from the symphony during the pandemic, and moved his family to Mexico, CBS News reported.

The lawsuit claims that the musicians were instead placed on unpaid leave with health benefits for the 2021/22 season and were fired on June 30, 2022. The lawsuit also alleges that McDonald and the state discriminated against them, violating the First Amendment and Civil Rights Act of 1964.

“In terms of what we’re pursuing — it’s back wages, punitive damages, lost compensation, emotional suffering that has been caused by this decision,” said the musicians’ attorney James Lawrence. “And, ultimately, reinstatement to the symphony.”

“The Constitution guarantees religious freedom,” stated Harmeet Dhillon, founder and CEO of the Center for American Liberty. “But if governmental agencies can force Americans to choose between continued employment and fidelity to religious beliefs, our most basic liberties are in jeopardy.”

Though the three musicians refused vaccination, they agreed to regular PCR testing, face masks, and social distancing, according to the Carolina Journal.

The lawsuit added that during the season in question, the symphony allowed unvaccinated people to attend performances if they showed a recent negative test for COVID-19 — an accommodation that wasn’t extended to the musicians.

“We have dedicated our lives to music and have always been proud to be a part of the Symphony,” wrote Friedlander, Caudill, and Niketopoulos. “We hope that this lawsuit will bring attention to the importance of religious freedom and prevent others from suffering the same fate.”

Additionally, the lawsuit states that while the NC Symphony has now lifted its vaccine mandate, it has not invited the three musicians back. 

As reported in the News & Observer, a spokesperson has stated the orchestra will be contesting the lawsuit.

“Since the pandemic began, our priority has been to protect the health and safety of our musicians and staff, consistent with federal and state health guidelines and informed by the policies of other symphonies,” wrote Linda Charlton, vice president for NC Symphony’s marketing and audience engagement.

“That approach led us to implement a vaccination requirement and more recently to revisit and lift that requirement,” Charlton added. “Our policies and actions have been consistent with applicable law, and we look forward to responding at the appropriate time in court.”