Governor Gavin Newsom and State Senator Scott Wiener Call for Government Action Against Fatphobia and Heightism
Senator Scott Wiener and Assemblyman Matt Haney Introduce SB-7144 to Enshrine Anti-Fatphobia and Anti-Heightism Policies Into California Law
At a press conference today, California Governor Gavin Newsom announced his plans for governmental action to combat what he deemed the “hatred” of fatphobia and heightism.1
“California will forge ahead to stand up against new injustices and remain at the forefront of the fight for social justice. That includes stopping fatphobia and heightism. We are all equal, regardless of height or weight.”
Joined by Attorney General Rob Bonta, State Senator Scott Wiener (D-San Francisco), and State Assemblyman Matt Haney (D-San Francisco), Governor Newsom called out a litany of different types of discrimination resulting from fatphobia and heightism.
“Fortune 500 C.E.O. pay increases for every single inch of height. Overweight Americans face discrimination in the workplace, in housing, and especially in public accommodations.”
Attorney General Bonta, who had sent hundreds of angry demand letters to California businesses threatening to sue for violations of the Unruh Civil Rights Act on the basis of height and weight discrimination (only to discover that the Unruh Civil Rights Act did not directly prohibit these types of discrimination) noted “the urgent need for legislation to ensure that my office’s legal conclusions are correct.”2
Governor Newsom also announced his support for California to include preferences in the operation of public employment and public contracting for men beneath the 50th percentile of height and women above the 50th percentile of weight.
To accomplish these goals, Senator Wiener and Assemblyman Haney have introduced SB-7144, entitled the “Civil Rights for All Act” which will outlaw height and weight discrimination in a wide array of California laws, give height and weight preferences in government employment and contracting, and mandate businesses make specific accommodations for “people of different sizes”.
Governor Newsom fully endorsed SB-7144, saying it “will end fatphobia and heightism.”3
When some journalists asked why the 6’3 Newsom cared, he responded, “It’s true. I’m tall. I’m privileged. I’ve been getting undue advantages all my life. When I was a star baseball player at Santa Clara College, I was given a starting pitching position just because I was tall. But there was a 5’10 guy who was a much better pitcher than me and should have started. It was unfair then and it’s unfair now.”
However, under California law, height and weight discrimination prohibitions would apply to all forms of height and weight discrimination in public accommodations.4
Senator Wiener, who is 6’9, brought up his own traumatic experience of height discrimination when he recently attempted to purchase clothing at the Jimmy Au’s 5’8 and Under store in Los Angeles, after some local NIMBYs pelted his only outfit with rotten eggs at a housing forum.
While he was allowed to purchase clothing at the store and was not charged differently, Senator Wiener complained that couldn’t find any clothing in his size. Moreover, while friendly, “the store clerk assumed that I was buying clothing for a friend or romantic partner,” Senator Wiener said. “I was traumatized by this unfortunate experience. And that is my truth.”
Senator Wiener also stated that when he later called the store and asked Mr. Au if he would make him a custom tailored suit, Mr. Au averred and referred him to two other high end clothing tailors he considered close colleagues who had often made custom-tailored suits for several star NBA and NFL players.
Unaware that California is a two party consent state, Senator Wiener secretly tape recorded Mr. Au, who is overheard saying “well, I’m certainly happy to make you a suit if you would really like. I just normally make suits for us smaller guys. I’m not sure I would design you the best looking suit. My minimum price is $7,500 and when you’re paying that kind of money, you should get something you absolutely love.”5
“This was an extremely triggering conversation,” Senator Wiener said.
Assemblyman Haney, who is 6’4, also called the store and secretly tape recorded the conversation as well. He received the same averment from Mr. Au, who ultimately agreed to make Assemblyman Haney a custom tailored suit for $9,500. “It still felt very discriminatory and hurtful,” Assemblyman Haney said.
Assemblyman Haney, under heavy criticism for using his campaign funds for lavish personal expenses, ultimately declined to have the custom tailored suit made, after learning that he could not use campaign funds to purchase clothing for personal use.6
“These kinds of recorded conversations would be smoking gun evidence of the kind of discrimination that I previously said was illegal,” Bonta said, apparently unaware that the recordings would be inadmissible in court.7
Among other things, SB-7144 will:
Add height and weight as prohibited categories of discrimination under the Unruh Civil Rights Act, California Fair Employment and Housing Act, and Equity in Higher Education Act.
Prohibit height and weight discrimination in all aspects of public education including sports teams.
Require corporate boards of all publicly traded corporations and Fortune 500 companies doing business in California to report the individual heights of all its corporate board members and executive officers to the Secretary of State.
Create an annual filing requirement from all professional sports teams and beauty competitions that competitors have not been eliminated because of height or weight.
Enact hiring preferences favoring men beneath the 50th percentile of height in all public employment hiring.
Enact contracting preferences favoring men beneath the 50th percentile of height in all public contracting.
Require all local police and fire departments to prioritize the recruitment of overweight individuals and that a minimum of 15%-25% (depending upon the size of the jurisdiction) of all new hires to local police and fire departments be overweight.
Mandate all clothing stores offer separate sections offering only size neutral or one-size-fit-all clothing.
Require all clothing manufacturers located in California to design size-neutral or one-size-fits-all clothing.
Force airlines, bus lines, and train lines to offer additional free seats to passengers who cannot fit in one seat.
Require all theaters offer additional seats to patrons who cannot fit in one seat at half price.
Prohibit any customer on a dating app or hook up app, headquartered in California, place any information in their profile indicating any kind of height or weight preference.
Require any dating app or hook up app, headquartered in California, remove information from any profiles that states a height or weight preference.
Include body shaming other students in schools as prohibited conduct under California’s penal code provisions.
Expand the definition of weight discrimination to include any doctor to refuse to perform a cosmetic surgery on the basis of the patient’s weight.
The press conference introducing SB-7144 featured some unusually terse questioning from seemingly skeptical journalists.
Los Angeles Times reporter
asked whether the massive bill might violate California’s constitutional single subject rule.8 “You guys still have to follow the Constitution, right?” She asked.“California’s constitutional single subject rule is nothing more than the legacy of systemic racism, white supremacy, and the patriarchy,” Senator Wiener replied.
“Not to mention institutional sexism and forced cis-heteronormativity,” Assemblyman Haney added.
“Maybe you just don’t understand that kind of racist and sexist oppression,” Senator Wiener admonished the reporter, who is an Indian American woman.
FOX 11 News Anchor Elex Michaelson, who is 6’5, applauded the provisions prohibiting height discrimination, calling Newsom’s support for SB-7144 “Presidential”. He also complained about never being able to find clothing his size in Jimmy Au’s 5’8 and Under store. However, he voiced skepticism about its provisions addressing weight discrimination given America’s current obesity epidemic.
“Aren’t you worried about the message you’re sending with these weight provisions that obesity is okay as a medical health condition?” He indignantly asked.
“I don’t think there are any adverse health risks related to obesity,” Governor Newsom responded.
“Exactly right,” Senator Wiener said. “In California, we follow the science! And the science is clear that there are no adverse health consequences to being obese. Full stop. Anyone who says otherwise is as uninformed as those who say that biological males have an advantage over biological females in sporting competitions. They don’t at all and that’s just the science.”
CBS Sacramento reporter Ashley Zavala pressed Newsom about his commitment to ending height and weight discrimination when SB-7144 gave preferences on the basis of weight and height.
“How can you say you’re for prohibiting discrimination when you are requiring it in this legislation,” Zavala asked, holding a printed out copy of the legislation in her hand.
“First, we’re not discriminating. We’re simply giving preferences. And the truth is that we cannot have height and weight equality until we discriminate to make sure we obtain equal outcomes for all,” Newsom fired back.
While SB-7144 is almost certain to pass in the California State Legislature, Republicans voiced vociferous opposition.
“The Governor really has other priorities he needs to be focused on,” Republican Los Angeles County Supervisor Kathryn Barger said.
“This legislation is simply outrageous,” Assemblyman Bill Essayli (R-Corona) said. “I have every right to make fun of fat chicks and short dudes! I’ve been doing that my whole life!”
Assemblyman Carl De Maio (R-San Diego) accused Senator Wiener of hypocrisy. “On his Grindr, Tinder, Scruff, and OkCupid profiles, Scott has written ‘Short Tops Only’,” he said. “This is yet another example of the Democratic Supermajority engaging in ‘do as I say, not as I do’.”
U.S. Congressman Kevin Kiley (R-Roseville), a frequent Newsom critic, lambasted the Governor. “This is too little, too late, quite frankly. No one in California has been more responsible for heightism in California than Gavin Newsom. I really wanted to be 6’2. I’m only 6’1 and 3/4. And it’s all Gavin Newsom’s fault!”
Assemblyman Joe Patterson (R-Rocklin), who is 5’6 and a self-described “vertically challenged American” also opposed. “I’ve been short all my life,” he said. “I have never once asked for special preferences. Nor do I want them. Besides, if height made that much of a difference, why do I always receive more votes in my district than Congressman Kiley does?”
Business leaders and taxpayer advocates also condemned SB-7144.
“Over-regulation is killing businesses in California. SB-7144 does nothing to add jobs in California, it just further overburdens business,” California Business Roundtable President Robert Lapsley said.
“SB-7144 is nothing more than a tort litigator’s dream!” California Chamber of Commerce President Jennifer Barrera said.
“We need a part-time State Legislature,” Howard Jarvis Taxpayers Association President and anti-taxation evangelist Jon Coupal said.
Conservative commentator
, who self-identifies as a “5’10 height centrist”, also criticized SB-7144, saying “This is one more reason why business is drying up in California.”Barro further seethed about the potential personal impact of the law on him and his business venture. After he and Lizzo recently launched a beauty competition for men under average height, “Mr. Slight USA”, the planned launch in California, already beset with budget woes, is now potentially on hold.
“We already have people trying to cancel Lizzo,” Barro fumed. “Then the Trans-Exclusionary-Radical-Feminists protested that we let a 5’10 and 1/4 Dutch dude and a 5’9 and 1/2 Danish guy both enter the competition. We said ‘beneath average height’. Should we have been more specific? Definitely! But we have to follow our own rules, regardless of what the TERFs say! If California enacts SB-7144, this thing is finished.”
“And if that happens, it’s yet another progressive self-own by California. Mr. Slight USA is trying to uplift beautiful men ignored by the media. You’d think this would be a goal that progressives shared with me!”
When reached for comment to respond to these criticisms, Governor Newsom and Senator Wiener were unsparing.
“These people are just haters!” Senator Wiener said. “Also, unlike Carl DeMaio, I’m willing to post nearly nude photos of myself and photos of myself in fetish gear at Folsom Street on my official Twitter and Facebook pages.”
“Kevin Kiley getting fewer votes than a down ballot candidate who’s 8 inches shorter than him doesn’t surprise me at all,” Governor Newsom said. “Nobody likes that guy! Even most Republicans can’t stand to be in his mere presence. You know, Kiley even sent me his wedding gift registry but didn’t even bother to invite me to his actual wedding. And I really wanted to go!”
Governor Newsom then added he had purchased a wedding gift for him anyway (with campaign funds) and that Kiley would be an upcoming guest on his controversial new podcast, urging listeners to tune in. “It’s just the two of us arguing for 5 and 1/2 hours! No edits or cuts! Full stop!”
But it was not just Republicans and business leaders who failed to support SB-7144. Many fellow Democrats also expressed skepticism or concern.
“This honestly sounds like a solution in search of a problem,” Senator Adam Schiff said.
“We can do better than this,” Senator Alex Padilla said.
“Ummm….no comment,” Congressman Eric Swalwell (D-Dublin) said.
“Fatphobia is wrong. But speaking as a medical doctor, there are some cosmetic surgeries where a patient might be too overweight to safely perform a surgery,” Congressman Raul Ruiz (D-Coachella) said. “I don’t know why you would ever legally require a doctor to perform a surgery that might harm a patient.”
“Some of these proposals violate the Civil Rights Act of 1964, not to mention the Constitution,” San Francisco District Attorney Brooke Jenkins said.
“I don’t think this is a very good idea,” San Jose Mayor Matt Mahan said. “On my college boxing team at Harvard, we all boxed in different weight and height classes. If everyone boxed against each other regardless of size, someone could get killed or seriously injured.”
“I don’t understand the point of this,” Congresswoman Nanette Barragan (D-South Gate) said. “I’m barely 5’1 and I was twice the CIF MVP while playing on my high school softball team.”
“We don’t have a height requirement,” Los Angeles County Sheriff Robert Luna said. “Some of the finest police officers I have served with were quite short. But I have reservations about purposefully hiring morbidly obese people to be deputies. Deputies must be in proper physical shape to do their jobs. If you can meet them while overweight, great. But it’s a public safety risk to just lower our standards.”
“Really?” Los Angeles Mayor Karen Bass said, while perched on a bulldozer attempting to clear a downed tree from a lot in the Pacific Palisades, “I do not have time for this nonsense.”
Standing across the street protesting Bass with a bullhorn as she cleared the lot, 2022 Mayoral candidate and billionaire real estate developer Rick Caruso initially criticized Bass for not supporting SB-7144, saying that as a “Latin-X identified individual”, he supported efforts to expand DEI. However, after actually reading SB-7144, he changed his mind, saying “This is bullshit.”
“SB-7144 might be the most stupid piece of proposed legislation I’ve ever read, and I’m responsible for reviewing every idea that the Los Angeles City Council comes up with,” Los Angeles City Attorney Hydee Feldstein Soto said.
Undaunted, Governor Newsom is insistent.
“I have great respect for all of them,” Governor Newsom said of the Democratic critics. “But they need to be open to new ideas. Their refusal to embrace this is why the Democratic Party is currently a toxic brand. SB-7144 will go a long way towards detoxifying our party.”
Governor Newsom’s new focus on fighting fatphobia and heightism signals that he is likely running for President in 2028. SB-7144 comes at a time when Governor Newsom, a longtime progressive darling, has faced considerable backlash for his newly launched podcast which has alienated many in the Democratic Party’s base.
Governor Newsom sparked controversy by interviewing right wing commentator Charlie Kirk and Trump advisor/white supremacist Steve Bannon. He further outraged progressives when he stated that he thought biological men shouldn’t compete in women’s sports and that Lia Thomas does not have a fundamental constitutional right to show her penis to uninterested parties in the lady’s locker room.
Newsom has no plans to give up his podcast. In addition to his upcoming 5 and 1/2 hour special with Congressman Kiley, Newsom has announced several upcoming special guests including Bill O’Reilly, Megyn Kelly, Joe Rogan, Sean Hannity, Piers Morgan, Laura Ingraham, Marine LePen, and Richard Spencer.
He also reportedly plans to have future special episodes including a one-on-one home run derby competition with Florida Governor Ron DeSantis and an attempted séance with the ghost of Rush Limbaugh.
When asked at today’s press conference about his justification for devoting massive amounts of time to a podcast while still serving as Governor of California, he responded, “I’m not cancelling this show. And as for explaining the reasons as to why I’m doing it, I’m sorry but I don’t owe you my emotional labor.”
Whether Governor Newsom’s newest embrace of the crusade against fatphobia and heightism with SB-7144 wins back progressive Democratic voters in the 2028 Presidential race is an open political question.
On this lovely April 1, 2025 evening, it’s certainly a question worth pondering.
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The Unruh Civil Rights Act prohibits all arbitrary discrimination in public accommodations. This likely applies to arbitrary height and weight discrimination.
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