APPLICATION HEARING – OCTOBER 3

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GARY BURNS CHANNEL NINE FOOTY SHOW APPEAL NOW DECIDED

Friday, May 20, 2011

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Sydney equal opportunity campaigner and openly homosexual man GARY BURNS appealed against the Administrative Decisions Tribunal (ADT)  dismissal of his complaint alleging TheNine Network‘s Footy Show skit “my three sons” had breached the NSW Anti-Discrimination Act (1977) because it severally ridiculed and portrayed him and homosexual men contemptuously will be handed down today.

Mr Burns, who had a homosexual vilification complaint against Nine’s Footy Show dismissed last year appealed.

The decision will be handed down today Friday 20 May 2011 at 10am at the Administrative Decisions Tribunal (ADT), Level 15, 111 Elizabeth Street, Sydney 2000.

Mr Burns’ complaint of homosexual vilification relates to The Footy Show skit ‘My Three Sons’, which was initially broadcast on the Nine Network and affiliates on May 7, 2009.
Mr Burns complained to the President of the Anti-Discrimination Board (ADB) on May 25, 2009.
The skit, which featured a fictitious gay brother of NRL players Andrew and Matthew Johns (‘Elton Johns’) saw ‘Elton’ described as the “shame” and “black sheep” of the family, and taken to hospital for being “faulty”.
“I want to return this – it’s faulty,” the Johns brothers’ father (played by Footy Show producer Gary Burns – who bizarrely shares the activist’s name) told hospital staff in the skit.
The case was heard at the ADT on May 19, 2010 but was subsequently dismissed on the grounds that the skit did not contravene 49ZT of the NSW Anti-Discrimination Act (1977).
Mr Burns, who disagreed and immediately lodged an appeal, said: “This skit was simply an expression of a vilifying nature against me and homosexual men in general.

“It portrayed me and homosexual men as being unfortunates and proffered that homosexual men should be rejected in society based on their homosexuality characteristic.

It portrayed male homosexuality as something sinister and dirty needing to be repaired to a normal condition.I didn’t pick up my homosexuality at Knock and Kirby’s as a fashion accessory,it is not what I am as a person it is part of who I am as a person,and I shouldn’t be publicly ridiculed and treated contemptuously because of it”.
Mr Burns is quietly confident of winning his appeal and will be available today to speak to the media for doorstop interviews regardless of the outcome.
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Related articles

Footy Show implied gay people are faulty, tribunal told

Updated Wed May 19, 2010 12:14pm AEST

A gay activist has told a Sydney tribunal hearing that a skit on Channel Nine‘s Footy Show vilified homosexuals by implying they are faulty.

Gary Burns is giving evidence at the Administrative Decisions Tribunal which is looking at the skit that aired on Channel Nine’s Footy Show in May last year.

At the time, Matthew Johns was the star of the show.

The skit was a mock documentary where the Johns brothers joked about having a third brother, Elton Johns, who was gay.

It featured a scene where their father took his gay son back to hospital saying, “I want to return this, it’s faulty.”

Gay activist Gary Burns says the skit incites violence against homosexuals.

He argues the joke revolves around a father rejecting his son because he is gay.

But Mr Burns says it is no laughing matter, referring to statistics that show gay teenagers are six times more likely to commit self-harm than their heterosexual counterparts

The hearing continues.

Tags: arts-and-entertainment, television, community-and-society, gays-and-lesbians, law-crime-and-justice, courts-and-trials, australia, nsw, sydney-2000

First posted Wed May 19, 2010 12:03pm AEST – ABC