Rights investigator backs man’s allegations

AUGUSTA – A Maine Human Rights Commission investigator found “reasonable grounds” that a Rockland business owner unlawfully discriminated against a deliveryman.

Terry L. Colson Jr. of Rockland, who suffers from Tourette’s syndrome, according to chief investigator Brenda Haskell’s report, worked for a company that made deliveries to J&B Printers in Rockland.

Tourette’s syndrome is a neurological disorder that affects a person’s vocal and physical movements, sometimes causing vocal tics and twitchings of the neck and shoulders, the report states.

Colson claims that when he made deliveries to J&B Printers, owner John Batty would make inappropriate comments to him, calling him “Twitch,” “Twitchy” and “Twitch Boy.” His complaint was filed with the commission Oct. 25, 2002.

The commission is scheduled to hear the case Jan. 26.

Colson told the commission investigator that he reported the matter to his employer, who contacted Batty.

According to the investigator’s report, Colson’s unidentified employer wrote in a notarized statement, “I called Mr. Batty and told him that Terry had Tourette’s syndrome and that it was something he had no control over. Mr. Batty’s response was that of ‘so what’ in a condescending manner.”

When contacted Wednesday, Batty declined comment.

Colson’s employer also stated that he told Batty to stop making such comments to his employee or that he would find another silk screener. Colson told the investigator that the remarks continued and his boss stopped doing business with J&B Printers.

According to the investigator’s report, Batty admitted referring to Colson as “Twitch” one time and that when he did so he wished he could have taken it back. His remark was meant as a “greeting – not an insult,” he told the investigator. Batty did not recall receiving a complaint from Colson’s boss.

“To state that the comment was meant ‘as a greeting, not an insult’ is insulting to Mr. Colson,” the investigator wrote. Colson “is aware of the physical manifestations of his disability without being reminded of them in the form of ‘a greeting.'”