‘Act 39’ will be performed at Woodstock Town Hall Theater Sept. 12-14

‘It’s not about death really. It’s more an exploration of what we honestly value in life.’

By RJ Crowley, Standard Correspondent

Act 39 is the name of a Vermont state law, passed in 2013, that allows terminally ill adults — who can make their own decisions — to receive medical aid in dying. Also known as physician-assisted suicide, the act is intended to help those in need die peacefully.

“Act 39” is also the name of an original play, written and directed by Rob Mermin that deals with the aforementioned “dying with dignity” law in the most personal of terms. A play that is much more a celebration of life and the intimate bonds of friendship rather than a lugubrious lamentation, it will be performed Sept. 12-14 at Pentangle’s Woodstock Town Hall Theater.

J.T. Turner (Rob), playwright Rob Mermin, and Donny Osman (Bill) pose for a photo. Their play, “Act 39” comes to Woodstock Town Hall Theater Sept. 12-14 and will include a “talkback” Q&A session after the Sept. 12 performance to discuss the central topic of medical aid in dying.
Monica Callan Photo

“This play is not a downer,” Mermin said matter-of-factly, in a recent phone interview with the Standard. “It’s filled with nuance, humor, philosophy and intimacy.”

But first, a bit of context: Mermin grew up in Southern Connecticut, a product of the 1960s, and as a young man, he stuffed fifty bucks in his pocket and went off to Europe. (Didn’t we all?) 

For the better part of the 1970s, he was a serious student of clowning, working with a multitude of prominent circuses in Europe, and at one point was Dean of Clown College with Ringling Bros. He even enjoyed a stint in Paris, studying mime under Marcel Marceau.

Ultimately, Mermin found his way back to the U.S., and in 1987 co-created the award-winning “Circus Smirkus,” along with Donny Osman. Osman is also a member of the cast of “Act 39.”

Fast forward to 2015 for what turned out to be the genesis for Mermin’s play. Mermin was playing tennis with his best friend, Bill.

“We were on the court, and he just collapsed,” Mermin recalled. “Came to find out, he had stage 4 pancreatic cancer. Six months to live… It was two years earlier that Act 39 had been passed, allowing for medical aid in dying, and Bill made the decision to “die with dignity,” Mermin continued. “He also asked me to be a part of it…by witnessing. It was a humbling and tremendous honor.” Mermin paused, then said: “Just him and me alone in a room when he took the drink.”

Enter: Patient Choices Vermont (PCV). 

Patient Choices Vermont is a nonprofit dedicated to education about medical aid in dying and end-of-life choices in Vermont. 

“PCV approached me and asked to share my story of Bill’s decision and bearing witness to his final moments, and it was through telling my story that I decided to write a play about it,” said Mermin. 

Thus, a play was born.

  • J.T. Turner as Rob takes a swing at a glass ball in the play “Act 39.” Monica Callan Photo

It’s a four-character play and the ensemble includes the aforementioned Osman who plays “Bill,” the terminally ill best friend of Rob’s. 

“I’ve known Rob for a long time,” said Osman. I helped found Cirkus Smirkus, and we have been friends all these years.” Osman described his onstage character as, “brilliant, fierce, highly intellectual and a warm human being.” 

Osman also offered this insight: “At one point in the play, my character says: ‘It’s not about death really. It’s more an exploration of what we honestly value in life.’ That statement is Rob’s play in a nutshell.”

Jeanine B. Frost is another member of the ensemble, and the only female member. She grew up in Copenhagen, Denmark and has worked on both coasts. She now resides in Marlboro, Vt. She plays multiple characters in the play, including “Mistress Death.” 

“My characters provide insight into the past, a possible solution to Bill’s situation as well as questioning his choice,” Frost said. As for the thematic throughline of the play, Frost was circumspect: “I am grateful to have the opportunity to reflect on death through this beautiful piece of writing.” She went on, “opening up to this difficult topic has given me more clarity. Having the option to leave this life with agency, which is what Act 39 (the law) offers, feels right to me.”

Rounding out the cast are Matthew Grant Winston who plays multiple roles and J.T. Turner who plays Rob. When asked what it was like watching another actor portray him onstage, Mermin called it an “out of body” experience.

The most engaging, and reflective pieces of theatre are those that hold a mirror up to society, allowing for scrutiny and honest questions on the trends, mores and values we hold dear in our culture. Mermin’s “Act 39” does exactly that. It premiered a year ago in northern Vermont to sellout crowds. At the time, there were scheduled “talkbacks” after several of the performances. Talkbacks offer the audience an opportunity to remain in their seats after the show when the cast and director re-appear for a question-and-answer session. It’s a great way to further the discussion and delve deeper into the show’s content. Mermin says that typically, 15-20 people will remain for a talkback, but at the performances of “Act 39” in Greensboro, almost the entire house remained. He believes it’s a testament to how touched people are by the show, and their eagerness to delve deeper into what some consider a “taboo” subject.

As far as Vermont is concerned, that taboo was lifted when the original law (Act 39) was passed in 2013. Mermin’s play has helped to make dying with dignity a worthwhile, if not necessary discussion. And Vermont’s dying with dignity law has not gone unnoticed by residents of neighboring states. In part because Vermont is only one of two states in the nation that now allows for non-residents to apply for and receive medical aid in dying. 

As for “Act 39”, the play, its theatrical journey continues with performances this weekend in Greensboro, followed by shows in Burlington before arriving in Woodstock for three performances.

Mermin offered a final thought: “There are a lot of discussions regarding the pros and cons of medical aid in dying. I want the audience to make up their own minds. I mean, what do you do when your best friend, who is dying of cancer, asks you to assist him in dying?”