Local Woman Testifies Against Weight, Height Discrimination

By Jen ThomasiBerkshires Staff
Print Story | Email Story
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.
If you would like to contribute information on this article, contact us at info@iberkshires.com.

Williamstown Planning Board Narrowing in on Subdivision Bylaw Changes

By Stephen DravisiBerkshires Staff
WILLIAMSTOWN, Mass. — The Planning Board late last month discussed specific features of what it plans to pass as a new subdivision control bylaw this year.
 
The board long has discussed the complex set of regulations as being out of date and cumbersome to both potential developers and the board itself, which has needed to hear requests for waivers of outdated rules for the handful of residential subdivisions that have been proposed in town in recent years.
 
This spring, the town engaged consultants from Northampton's Dodson and Flinker Landscape Architecture and Planning to go through the existing bylaw, compare it to more contemporary regulations in other communities and help craft a revised bylaw.
 
Unlike the zoning bylaw, where amendments require approval of town meeting, the subdivision control bylaw is a creation of the Planning Board, which can make changes on its own after a public hearing process it hopes to complete this year.
 
At a special Planning Board meeting on May 26, Dillon Sussman of Dodson and Flinker and his colleagues walked the board through a dozen different decision points that the board must resolve — either by leaving the bylaw as is or making a change — and offered suggestions based on best practices.
 
All of the issues are technical and ranged from the fundamental, like how the bylaw will define types of subdivisions, to the highly specific, like what turning radii will be required in new streets that are constructed to serve planned developments.
 
One example of a topic that came up in the recent approval of a four-home subdivision off Summer Street is stormwater management.
 
View Full Story

More Williamstown Stories