Young Writers Society

This was taken from NAAFA.org:

Elizabeth Fernandez, Chronicle Staff Writer
Sunday, February 24, 2002

San Francisco -- In one of the first cases under San Francisco's "fat and short" law, a 240-pound fitness enthusiast has filed a discrimination complaint against a leading exercise firm that won't let her be a company aerobics teacher. At size 16-18, Jennifer Portnick will never fit into Jane Fonda's leotard, but supporters say she can run back-to-back aerobics classes and still have breath to spare. Jazzercise Inc., however, thinks Portnick looks too heavy to be a good role model for exercise buffs. Tomorrow, the city's Human Rights Commission will mediate the case. "I wanted to be judged on my merits, not on my measurements," says Portnick, 38, a computer systems training manager. "I work out six days a week. I've weighed close to what I weigh now for most of my adult life. This is the body I have." According to government statistics, about 60 percent of Americans -- 127 million people -- are overweight or obese. Decrying a national epidemic of obesity, Surgeon General David Satcher urged a greater emphasis on physical education in December. Increasingly, health experts believe that fitness is not about shrinking to a size never intended by nature. "You don't have to be a size 2 electric blue," says Pat Lyons, an East Bay registered nurse, community health educator and co-author of "Great Shape: The First Fitness Guide for Large Women." "Metabolic fitness is what really counts. If Jennifer was not fit, she would not be able to lead six classes a week. Thank God, she lives in San Francisco, one of the only places in the country where she has a statute to stand on."

Portnick, who stands 5 feet 8 inches and whose diet is mostly vegetarian, has been doing high-impact aerobics for 15 years. Her teacher was so impressed by her stamina and ability that she invited Portnick last spring to audition to become a Jazzercise certified instructor. "She has everything it takes," says teacher Kristi Howard. "It's important to get people to make fitness a part of their life. If they see a rabbit bouncing around on stage, they might not be inclined to work out. Jennifer is very healthy. She is not pooped out and sucking for air in class." But Ann Rieke, a Jazzercise district manager, wrote Portnick that she would have to delay the certification process until she developed "a more fit appearance." The manager, even while acknowledging that Portnick "will be a fabulous instructor someday," suggested Portnick try body sculpting and an altered diet.

"Changes in your eating habits (carbs: boo, hiss) . . . will bring you results very fast," wrote Rieke. Portnick was crushed. "I do not feel it is realistic for me to commit to having a changed body by Dec. 1, or at any time," she responded. Despite a blitz of letters in Portnick's support, a company director reiterated the decision in a letter a month later. "Jazzercise sells fitness," wrote Maureen Brown, director of franchise programs and services. "Consequently, a Jazzercise applicant must have a higher muscle-to-fat ratio and look leaner than the public. People must believe Jazzercise will help them improve, not just maintain their level of fitness. Instructors must set the example and be the role models for Jazzercise enthusiasts." Portnick won certification anyway last fall through the Aerobics and Fitness Association of America and teaches six high-energy, low-impact classes a week. In September, she filed a complaint with the Human Rights Commission. "This is a snapshot of what happens to larger women in society in general," says Portnick's attorney, Sondra Solovay, who has worked a dozen years on size discrimination issues.

"In San Francisco, the law says if you can do the job, your weight doesn't matter, and Jennifer can do the job," Solovay says. Jazzercise officials declined comment for this story. The dance-fitness company, created in 1969 and based in Southern California, has more than 5,000 instructors and 19,000 classes weekly. Its corporate mission is to "develop and market fun and effective fitness programs and products that enhance the well-being of people of all ages." Franchise holders are independent business owners. They pay a $640 fee plus 20 percent of gross monthly revenue.

"I think Jazzercise is a great program, (but) their thinking is outdated," says Portnick's teacher, who has also been a franchise owner since 1999. "I thought Jennifer would be a great asset to my business. She might make other people more comfortable exercising," Howard says. "She's never going to be a small woman, but she has great energy, great presence. Just because she doesn't fit Jazzercise's mold doesn't mean she's not a great instructor." Portnick's case is the second to go to mediation under the city's ordinance, passed two years ago, prohibiting discrimination on the basis of weight and height. The first case, currently pending, was filed in 2000 on behalf of 8- year-old Fredrika Keefer, a short, muscular girl who was rejected for admittance to the San Francisco Ballet School after an audition.

"We don't need to look like a movie star or Barbie," Portnick says. "We need to be open to our bodies as they are while working to the best fitness level we can achieve. This is not about what the tape measure says when it goes around your waist."

Here's the follow up, she won the case!! http://sfgate.com/cgi-bin/article.cgi?f ... 223501.DTL