Local Woman Testifies Against Weight, Height Discrimination

By Jen ThomasiBerkshires Staff
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WILLIAMSTOWN — When Gail Burns discovered it was legal to discriminate based on someone's height and weight, she decided to do something about it.

Inspired by advocates at the National Association to Advance Fat Acceptance, Burns joined a statewide effort to fight for what she calls "an empowering effort." Last week, Burns joined nearly 20 others at the State House to support human rights legislation that would see the words "height" and "weight" added to the existing anti-discrimination laws.

"I had a chance to help make a change," said the Williamstown resident of her March 25 testimony to the Joint Committee on Labor and Workforce Development.

Burns' campaign to support acceptance at every size began last summer, when she herself was the victim of discrimination based on her weight. In her nearly 1,000-word statement to the committee, Burns recounted how a certain hospital rejected her request for a nonlife-threatening medical procedure because of her size.
 
"In February of 2005, this medical community had announced publicly their decision not to admit patients they considered 'morbidly obese.' This is decided solely on the basis of a number on the scale, not an examination of the patient. I was denied surgery," read Burns, a church secretary and theater reviewer.

Burns declined to name the doctors or hospital involved, but said it was out of state. Though she was able to find a surgeon willing to operate in Albany, N.Y., the experience left a mark.

"And I'm not the type of person to roll over and say, 'OK, you can discriminate against me,'" she said. "But I had no legal recourse. I couldn't try to make change other than flapping my gums. It's completely legal to say 'I won't hire fat people.' That opens up a floodgate of prejudice about who's worthwhile."

Burns said the bill – H1844, petitioned by Boston Democrat Rep. Byron Rushing – isn't about facilitating dramatic changes.

"The bottom line is that we're just asking to add two words to the discrimination law. I'm not looking for revenge against a doctor or hospital; I just want human rights. This will just give people the right to stand up for themselves," said Burns.

According to Burns and "fat activist" Marilyn Wann, Massachusetts would not be the first state to adopt this type of legislation; a similar bill was approved in Michigan and several cities - including San Francisco, Santa Cruz, Calif., Madison, Wis., and Washington, D.C. - have instated their own variations.

The bill has been brought before the Legislature six times before, said Burns, and has failed to pass each time.

Novice Advocate

Calling the advocacy her "first foray into political activism," Burns said she wants to encourage Berkshire County residents to get involved by contacting their legislators.

"We're in the early stages of a civil rights movement," said Wann, a member of NAAFA board and the author of "Fat!So?: Because You Don't Have to Apologize for Your Size," in a telephone interview. "People anticipate ridicule if they pass this legislation but I think the civil rights achievement goes beyond that temporary cost."

"I hope people in Massachusetts will take a courageous step. If we establish civil rights for height and weight, we're setting a standard for self-worth," Wann, of San Francisco, added. Wann also attended the hearing.

"This cannot continue to be legal. It could be your parent, your spouse, your sibling, your child who is denied medical treatment and made to suffer not only from physical pain but from the unshakable knowledge that their lives are considered worthless by the medical community and by their Legislature, which failed to grant them the same rights and protections that other minorities have," Burns read in her testimony.
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Williamstown Affordable Housing Trust Hears Objections to Summer Street Proposal

By Stephen DravisiBerkshires Staff
WILLIAMSTOWN, Mass. — Neighbors concerned about a proposed subdivision off Summer Street last week raised the specter of a lawsuit against the town and/or Northern Berkshire Habitat for Humanity.
 
"If I'm not mistaken, I think this is kind of a new thing for Williamstown, an affordable housing subdivision of this size that's plunked down in the middle, or the midst of houses in a mature neighborhood," Summer Street resident Christopher Bolton told the Affordable Housing Trust board, reading from a prepared statement, last Wednesday. "I think all of us, the Trust, Habitat, the community, have a vested interest in giving this project the best chance of success that it can have. We all remember subdivisions that have been blocked by neighbors who have become frustrated with the developers and resorted to adversarial legal processes.
 
"But most of us in the neighborhood would welcome this at the right scale if the Trust and Northern Berkshire Habitat would communicate with us and compromise with us and try to address some of our concerns."
 
Bolton and other residents of the neighborhood were invited to speak to the board of the trust, which in 2015 purchased the Summer Street lot along with a parcel at the corner of Cole Avenue and Maple Street with the intent of developing new affordable housing on the vacant lots.
 
Currently, Northern Berkshire Habitat for Humanity, which built two homes at the Cole/Maple property, is developing plans to build up to five single-family homes on the 1.75-acre Summer Street lot. Earlier this month, many of the same would-be neighbors raised objections to the scale of the proposed subdivision and its impact on the neighborhood in front of the Planning Board.
 
The Affordable Housing Trust board heard many of the same arguments at its meeting. It also heard from some voices not heard at the Planning Board session.
 
And the trustees agreed that the developer needs to engage in a three-way conversation with the abutters and the trust, which still owns the land, to develop a plan that is more acceptable to all parties.
 
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