You can get the same thing through legal agreements, etc. Yeah, right.

[Pookie]

ACLU Files Discrimination Lawsuit on Behalf of Couple Kicked Out of Health Care Center Because They Are Lesbian

February 24, 2005

FOR IMMEDIATE RELEASE

Access to Facility Pool Critical to Woman Who Fears Losing Leg

SYRACUSE, NY - The American Civil Liberties Union and the New York Civil Liberties Union filed a discrimination lawsuit today on behalf of a Utica couple kicked out of the wellness program at the Charles T. Sitrin Health Care Center, Inc., because they are lesbian. One of the plaintiffs suffers from severe osteoarthritis and other medical conditions and needs to use the facility's pool to avoid losing her leg.

"It is shameful that a business that is supposedly committed to improving people's health would deny this couple access solely because they are lesbians," said Sharon McGowan, a staff attorney for the ACLU's Lesbian and Gay Rights Project who is representing the couple. "This kind of discrimination will no longer fly now that sexual orientation discrimination is illegal in New York State."

The New York State anti-discrimination law became effective in 2003. The ACLU believes this is first time the law has been used to bring a legal challenge against a private business for refusing to serve gay people.

Louise Bizzari was misdiagnosed with cancer and spent nearly a decade bedridden on steroids and other medication. As a result she became severely obese and developed osteoarthritis and other medical problems in her back, hips, knees, ankles and feet. In 2003, after getting her health back on track, her doctors advised her to begin swimming and warned her that she could lose the use of her leg if she did not.

After investigating other pools in Utica, Bizzari, 55, chose the Sitrin Center because of its accessible parking. She applied to the Director of Clinical Rehabilitation Services to participate in an aquatic therapy program offered by the facility. When the Director learned that Bizzari intended to pay for the program through the domestic partner insurance that she receives through her partner, she told Bizzari that the Sitrin Center wouldn't accept her insurance. When Bizzari offered to pay for the program out of her own pocket, the Director told her that there were no programs at the Sitrin Center suitable for her.

Later, Bizzari's partner of more than 20 years, Barbara Hackett, learned of another program at the Sitrin Center that doesn't include aquatic therapy, but allows participants to use the rehabilitation pool in the evenings and on Saturday mornings. Bizzari and Hackett returned to the Sitrin Center and signed up for the family plan, which costs $45 per month. They began using the pool in the summer of 2004.

Eventually the Director who had turned Bizzari down for the aquatic program found out that the couple was using the pool. On January 3, 2005, Hackett received a call from the Director telling her that she and Bizzari had been dismissed from the pool. Bizzari was devastated and pleaded with the supervisor to let her use the pool. Thinking that the supervisor had relented, Bizzari returned to use the pool the following day. The Director confronted Bizzari when she entered the facility. When Bizzari accused the Director of sexual orientation discrimination, the supervisor referred to Bizzari and Hackett as "faggots" and stormed off, saying that she was going to call the police. The police arrived soon thereafter and escorted Bizzari out of the building. A few days later, the couple received letters from the Sitrin Center, signed by the Director, informing them without explanation that they had been dismissed from the program. Copies of the letters are available online:

* Bizzari dismissal letter - http://www.aclu.org/LesbianGayRights/LesbianGayRights.cfm?ID=17537&c=100
* Hackett dismissal letter - http://www.aclu.org/LesbianGayRights/LesbianGayRights.cfm?ID=17539&c=100

"I can't tell you how humiliating it was to be called names and basically treated like a criminal by this business," said Bizzari. "Going to the pool gave me hope that I would soon see the end of this painful medical nightmare. It's inconceivable to me that any business would treat people this way."

Recently, Bizzari consulted with a specialist who is willing to perform reconstructive surgery on her feet, ankles and legs if she is able to increase her upper body strength through exercise. She has another appointment with this doctor in June to determine whether she is physically prepared for the surgery.

The complaint filed by the ACLU charges that the Sitrin Center illegally discriminated against both Bizzari and Hackett in violation of the Sexual Orientation Non-Discrimination Act, a New York human rights law that protects against sexual orientation discrimination in employment, housing and public accommodations.

"Unfortunately, this story demonstrates all too painfully the types of indignities that lesbian and gay people face every day in this country," said Barrie Gewanter, Executive Director of the Central New York Chapter of the New York Civil Liberties Union. "It took a lot of courage for Louise and Barbara to come forward with this discrimination. I hope this case helps send a very clear message to all businesses in New York that this type of behavior won't be tolerated."

Samuel C. Young is assisting the ACLU in the representation of the case, Bizzari and Hackett v. Charles T. Sitrin Health Care Center, Inc.

The complaint is online at: http://www.aclu.org/LesbianGayRights/LesbianGayRights.cfm?ID=17546&c=100


Source: http://www.aclu.org/LesbianGayRights/LesbianGayRights.cfm?ID=17548&c=100

I wonder if those opposed to queers having equal rights, like same-sex marriage, really understand what discrimination can do to people. Seriously.

 

[Volz]

That really just makes me sick that people are turned away from services they need because they are lesbians.

 

[kbate]

At the very least Sitrin should lose their "not-for-profit" tax exempt status as well as their medicare/medicaid support.

 

[John Doe]

I'm not clear on the medical specifics, I might've missed something in the article or it just wasn't explained...why does she need to swim to keep from losing her leg?

 

[WyldSpirit]

It sounds like from the details of the case that water aerobics is the only kind of aerobic exercize that she is able to do because of her disability. Water aerobics is extremely low (almost zero) impact to the body and is frequently prescribed for people with severe arthritis and other debilitating diseases as that other types of exercize can be too stressful to the damaged parts of the body.

The company could be in danger of losing their not-for-profit status if they are found guilty of discrimination, let's all hope. In the mean time, anyone in the New York area should write to the clinic and all it's subsidiaries stating that they were considering using their services, but, after hearing about this case, have chosen to take their business to another facility. Not-for-profit in this day and age doesn't really mean "not for profit" and they still have operating costs to meet.

 

[Regis2001]

Perhaps it would be easier if rather than slapping the company down with the loss of their not-for-profit status, they were compelled to discontinue such discriminatory practises. The last thing anyone needs is another profit-making health care service.

 

[sweatinganal]

I'm not clear on the medical specifics, I might've missed something in the article or it just wasn't explained...why does she need to swim to keep from losing her leg?

Circulation, maybe? If she can't walk around because of her weight, then being in water will help.

 

[Elmer Keith]

Why does she need me? WDF?

 

[deezire1900]

I think dismissing the director would be a good start, and then a formal apology to the couple.

How many others have been turned away by this asshole. Are only white, straight, thin, people using this facility?

 

[Elmer Keith]

I think dismissing the director would be a good start, and then a formal apology to the couple.

How many others have been turned away by this asshole. Are only white, straight, thin, people using this facility?

Yes, the race factor.
When in doubt...................

 

[deezire1900]

I was making a comment on how the director was so vicious to this couple, and how if he/she (did it say?) was so quick to light them up, is he/she doing the same to others?

I am not in doubt. I would place a large bet on it.

 

[Elmer Keith]

Don't tell me. Pookie is another PP? Start shit and leave. Who would have thunk?

 

[Elmer Keith]

LOL I stand by what I said.

 

[Pookie]

Don't tell me. Pookie is another PP? Start shit and leave. Who would have thunk?

Excuse me? The discussion seems to be going along fine. If I have something more to contribute, I will. No one's has directly questioned what I said about the article I posted. But yet, I'm "starting shit" and leaving. Yeah, whatever. Get a grip, dude.

 

[Elmer Keith]

I'm sorry, Pooky. But still. Your porn pics are great. Any more?

 

[69forever]

I wonder if those opposed to queers having equal rights, like same-sex marriage, really understand what discrimination can do to people. Seriously.

Only the tiniest peek at the tip of the iceburg. Wait until a same sex couple who manage to have shared health care face the prospect of disconnecting life support and another blood relative steps in. "Equal" but seperate never did work.

Bigots. Race, sex makes no difference. This stuff just pisses me off.

 

[John Doe]

Circulation, maybe? If she can't walk around because of her weight, then being in water will help.

that makes sense, yeah.

 

[nihil0002]

 

[DerelictionOfSanity]

Ugh. That director is a horrible bitch. I'd say that the MINIMUM that should be done would be for her to be fired and for the center to be forced to accept Bizzari back into the program, for FREE (and possibly also have to pay for her surgery) Seriously, they've increased the danger of her losing her leg by spuriously denying her access to facilities that she desperately needs. That's not just descrimination, that's criminal negligence.