A painter is suing the Artists Association of Nantucket, alleging the nonprofit put her on probation and fired her in 2023 because she let an autistic 15-year-old take an adult figure drawing class.

Elizabeth Congdon-Pinto, who ran adult programming at the association for nearly four years, filed the lawsuit May 22 in U.S. District Court in Boston. The association hired her in August 2019 and fired her in late July 2023.

The lawsuit seeks $865,000 and a jury trial, naming the association, its board, former board president Patricia Keneally, executive director Tracey Sears and the association's insurer as defendants.

The dispute started with a three-day figure drawing class in May 2023, taught by visiting British artist Ian Mood. The last day used a live nude model, which the complaint said is standard for figure drawing and a common art-school portfolio requirement.

A 15-year-old identified only as L.H., visiting from Florida, enrolled to build his college portfolio. His mother signed a parental waiver, the only requirement for a minor to join an adult class, the complaint said. Congdon said the association had allowed it before, for a teenager who was not disabled.

L.H. started May 23. Before the second day, Mood said the boy was quiet and might be autistic, the complaint said. Congdon spoke with the mother, who confirmed her son has autism and said he would text her if the nude session bothered him.

On the third day, L.H. left quietly before that part of the class and waited outside for his mother, the complaint said.

Paid subscribers can read the full lawsuit.

Court documents: Congdon-Pinto v. AAN
Records from U.S. District Court for the District of Massachusetts.

Another student, Susan Coyne, who is a longtime donor and former board member, emailed Sears and Keneally saying the boy was severely autistic and "should never have been in the class," according to the complaint. She later said, "Lizzie insisted on him remaining in the class."

Sears became "irate" and took the matter to Keneally.

At a May 30 meeting, Keneally asked Congdon and the youth programming director, "What does neurodivergent mean?" the complaint said. She then told Congdon, "As soon as you found out he was autistic, you should've shut it down," and made a chopping motion with her hand.

The education committee chair, Courtney Muller, asked, "What if this kid wants to come back?" according to the complaint.

The association put Congdon on 90-day probation June 7, citing her "poor judgment," the complaint said. It was her first disciplinary action in almost four years.

The probation memo also ordered her to write a new waiver policy to keep neurodivergent minors out of adult classes, the complaint said. She had to type it with three broken bones in her wrist.

Congdon filed an internal complaint June 15, citing the Americans With Disabilities Act and objecting to being punished for following the law. Keneally and Sears never acknowledged it, the complaint said.

The board voted to fire her before probation ended. The outgoing executive director, Courtney Bridges, resisted the order to deliver the news but was made to do so, the complaint said. Bridges had praised Congdon's work and later wrote her a reference.

Congdon also accuses Keneally and Sears of running a "smear campaign." They told people she endangered the boy, caused "chaos," came "unhinged," left the instructor "high and dry," and mishandled grant money, the complaint said.

Those claims were false, the complaint said. The boy enjoyed the class and his mother thanked her. Mood confirmed in writing that he never complained. The grant could only be spent on adults, so it could not have paid the teenager's tuition.

The fallout has been lasting on a small island, Congdon said. Her art sales have dropped, she has not found new work on Nantucket, and she said she has been shut out of local shows and fundraisers. She said she is in therapy for depression and post-traumatic stress.

The suit brings ten counts. Seven are aimed at the association, its board or its two leaders over the firing and include retaliation under the ADA and the federal Rehabilitation Act, discrimination and retaliation over her ties to a disabled person, matching claims under Massachusetts anti-discrimination law, and wrongful termination.

Two more counts, defamation and interference with her work as an artist, name Keneally and Sears personally.

Congdon filed discrimination charges with state and federal agencies before suing. The association acknowledged under oath that she followed its enrollment rules, the complaint said.

The tenth count targets the insurer, Mount Vernon Fire Insurance Company, a subsidiary of United States Liability Insurance Group and part of Berkshire Hathaway.

Mount Vernon carried the association's directors-and-officers and employment coverage, the complaint said. Congdon's lawyers demanded a settlement in 2024, and the insurer rejected it that September without a counteroffer.

She accused Mount Vernon of unfair settlement practices under Massachusetts consumer protection law.

The association has not yet answered the complaint. Responses from the defendants are due July 27, records show.

Congdon holds a Master of Fine Arts and has been an Artist Life Member of the association since 1998.

Follow along with other lawsuits at Urgent Matter's art lawsuit tracker.

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