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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Williams College Lone Suitor for Development of Water Street Lot

By Stephen DravisiBerkshires Staff

Williams College hopes to replace the current Facilities Services building on Latham Street and use that space for a new  athletics complex. 
WILLIAMSTOWN, Mass. — If the town accepts an offer from Williams College, a 1.27-acre lot that long has been eyed as a possible venue for housing and economic development instead will find a use similar to its history.
 
The college was the lone respondent to the town's request for proposals to purchase and develop 59 Water St., a dirt lot known around town as the "old town garage site." This was first reported Wednesday by Greylock News. 
 
If successful, the college plans to use the former town garage property for the school's Facilities Services building. Or it could be turned back into a parking lot.
 
Williams' offer includes a $500,000 upfront payment and a 10-year agreement to make $50,000 annual donations to the Mount Greylock Regional School District according to the proposal unsealed on Wednesday afternoon.
 
If it closes the deal, the college said it will explore development of a three- to four-story Facilities Services building with "a structured parking facility providing approximately 170 spaces."
 
"[I]f site constraints impact our ability to develop both structured parking and the Facilities Services building, our backup proposal is to develop the parking structure with approximately 170 spaces, also with capacity to support institutional and public needs," the college's proposal reads.
 
The college's current Facilities property at 60 Latham St. has an assessed value — for the .42-acre lot only — of $113,000 and an annual property tax bill of $1,606, according to the town's website.
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