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Bodybuilder Files $5 Million Claim
he diabetic bodybuilder clubbed and arrested in April by Redwood City police who allegedly mistook
Tinsulin shock for intoxication filed a $5 million civil rights claim against the city.
Doug Burns, the reigning Mr. Natural Universe, claims a loss of $2 million in economic damages and $3
million noneconomic damages, according to the July 24 claim filed with the Redwood City city clerk.
“This man lost out of speaking engagement and training, not to mention the lingering pain he has,” said
attorney Don Galine.
Burns, 43, claims violation of his civil rights, battery, assault, Americans with Disabilities Act violations,
false imprisonment and invasion of privacy.
The city has 45 days to accept or deny the claim. If the claim is denied, Burns can file a lawsuit.
The claim is not a surprise and neither is its dollar amount because claimants seeking anything greater
than $25,000 do not have to state a specific figure, said Redwood City City Attorney Stan Yamamoto.
The City Council will agendize the claim by its Sept. 10 meeting, Yamamoto said, adding that the
outcome is up to the members.
“My sense is that we will take a hard look at it,” Yamamoto said.
Burns did not rule out civil action against Redwood City after prosecutors dropped the misdemeanor
criminal charges lodged following the police tussle but said he hoped instead to work with law enforcement.
Galine was uncertain what propelled Burns to consider a lawsuit but said his ongoing physical ailments
are likely a factor as well as a desire to push diabetes training for officers.
“He had no alcohol on his breath and I’d hope the police would know how to recognize a drunk over a
diabetic,” Galine said.
As first reported in the Daily Journal April 3, Burns was at the new Century Theatres in downtown
Redwood City two days prior when he felt his blood sugar dropping. Burns has been diagnosed with type I
diabetes for 35 years, is a board member of the American Diabetes Association and frequently speaks as a
health and fitness expert at diabetes and medical conferences. He normally wore a 24-hour insulin pump but
was transitioning to a new medication.
Burns said his vision grew so blurry he couldn’t read, and he headed to the snack bar for food. A security
guard later told police Burns was wobbly and unstable on his feet and wouldn’t reply to his questions.
Thinking Burns was intoxicated, the guard walked him outside and told him to leave. When Burns didn’t,
the guard called police to report his loitering.
Burns’ last memories of the evening were of being on the sidewalk in front of the theater, wrestling with
four officers and hearing police dogs. He regained consciousness at the San Mateo Medical Center with
mace on his shirt and glucose paste on his face.
Redwood City police reported a slightly different version with Burns lunging at one officer, pushing him
to the ground with both hands and taking a fighting stance. One officer cut a finger and a sergeant hurt his
right shoulder. The injury is expected to keep him from work for six months.
Burns has a MedicAlert bracelet but it was not on his wrist. A medical test confirmed Burns’ low blood
sugar, but he was cited by police and released on his own recognizance after being taken to the hospital.
“The fact is Mr. Burns assaulted our officer,” Redwood City police Capt. Chris Cesena told the Daily
Journal following the arrest. “If he had just stood there and let us help him maybe they would have called the
medics if he didn’t seem to fit the description of being under the influence. All that changes when the subject
wants to attack an officer.”
Cesena conceded uncertainty of what training officers receive to identify and handle diabetic individuals.
Prosecutors followed through with the arrest, formally charging Burns days later and setting a trial date.
The District Attorney’s Office never discounted the possibility of dropping the case but wanted sufficient
proof of his “viable unconsciousness” in hand first.
On May 30, prosecutors formally dismissed the charges after an endocrinologist evaluated the medical
records and could not rule out diabetic shock.
Burns met the decision with relief and a sense of vindication.
Redwood City’s ‘Sequoia SweetTarts’ is a
Ginny Ebert
Red Hat Society President
I
had never heard of the Red Hat Society until my husband, Doug, came home from a Reno convention
toting a gift for me — a purple T-shirt that sported a blazing red logo across its chest with the words “Red
Hat Society.” While in Reno, he had noticed three or four women playing the quarter slots who were dressed
in purple and wearing red hats, laughing noisily and enjoying themselves immensely. Curious, he asked the
ladies why they were dressed in purple and red. They responded that they belonged to the Red Hat Society.
Oh. So, he asked, what is the Red Hat Society? Friendly and helpful, they told him it was an organization for
“women of a certain age,” i.e., for those whose vintage was 50 years of age and over. (For those hatters-inwaiting
who are under 50, pink hats and lavender clothing are in order.) The Red Hat Society’s philosophy is
heavily based on a poem by Jenny Joseph titled “Warning”:
When I am an old woman I shall wear purple
With a red hat which doesn’t go, and doesn’t suit me.
And I shall spend my pension on brandy and summer gloves
And satin sandals, and say we’ve no money for butter.
I shall sit down on the pavement when I’m tired
And gobble up samples in shops and press alarm bells
And run my stick along the public railings
And make up for the sobriety of my youth.
I shall go out in my slippers in the rain
And pick flowers in other people’s gardens
And learn to spit.
You can wear terrible shirts and grow more fat
And eat three pounds of sausages at a go
Or only bread and pickle for a week
And hoard pens and pencils and beermats and things in boxes.
acquaintances expressed interest in starting our very own chapter, we decided to go for it. Thus, the Sequoia
SweetTarts chapter was born on Feb. 11, 2006, at a luncheon at Marie Callender’s in Los Altos. And, as the
saying goes, the rest is history. I began to live and think like a quote from Mae West: “Too much of a good
thing is wonderful.” All it actually takes to start a chapter is three or four fun-loving women. When other
ladies see you decked out in your red and purple and having a great time, word will spread faster than jungle
drums.
Each Red Hat chapter is different. Some prefer to meet over lunch every month. The SweetTarts are an
eclectic, energetic bunch who thrive on variety. Our activities have included some luncheons but are not
restricted to them. We have also enjoyed a tea, bowling, facials (given by one of our members who just
happens to be an acupuncturist), flea marketing (or shall I say “glee marketing”?), miniature golfing, wine
tasting, a play in the city, an Elvis party and a visit to Filoli Gardens, and have delighted in the adventure of
learning how to play bocce ball. Like mutant flamingos, we strut our stuff with our purple clothes, red hats,
rhinestones, sequins and feather boas. It’s our time to shine, and we’re just girls who wanna have fun. As a
certain Red Hat saying goes, “There’s no such thing as too much bling.” To commemorate our first birthday,
we threw ourselves a party to celebrate the wonderfulness of being us. We’re off to Bay Meadows in early
August, and later in the month we’ll be getting together for a potluck. Our chapter has no rules other than to
wear the colors and to exercise simple etiquette — RSVPs to events are mandatory.
The Red Hat Society is the perfect retreat for women who have been there and back. This is the “back”
part. Sort of like dessert. We have raised children, endured hardships, suffered losses and worked hard.
We have given. We now feel entitled to reserve the time to luxuriate in our own laughter, allow ourselves
to giggle, blow soap bubbles, play dress-up, have slumber parties, eat fried peanut butter and banana
sandwiches Elvis style (as well as lots of chocolate), chew bubble gum and start our meals by eating dessert
first if we so please. We’re all about relishing a second childhood — and for those who never really had the
joy of truly experiencing a first one, being able to finally do it now. It’s all about rekindling old friendships,
cultivating new ones, being old enough to know better and still young enough to do it anyway. It’s a solace
from every day worries and problems, a respite from the humdrum, a social “happening.”
Our very own special SweetTarts recipe: Mix friendship, frolic and fun until well blended; stir in
generous amounts of laughter, camaraderie, mischief and affection. Bake with TLC in a warm atmosphere.
Top it off with as much chocolate as you want, and serve.
But now we must have clothes that keep us dry
And pay our rent and not swear in the street
And set a good example for the children.
We must have friends to dinner and read the papers.
But maybe I ought to practice a little now?
So people who know me are not too shocked and surprised
When suddenly I am old, and start to wear purple.
After listening to his story, my interest was piqued. These ladies sure sounded like my kind of women! Upon
browsing the Internet I found the RHS Web site, www.redhatsociety.com, and read the history of how, why,
when and where it all started. This search segued into yet another one on the Web site itself for a chapter to
join. I found a wonderful chapter in San Carlos, of which I’m still a member to this day, and signed up for a
luncheon and wine tasting party. I went in “cold,” not knowing anyone, but my discomfort was soon thrown
to the wind once we all started to chat. After attending a second “hoot,” I was hooked. I wanted more Red Hatting.
I searched for more open chapters but was discouraged to find that either my inquiries were met by dead
silence or most of the other chapters in my area were closed to new members. When some of my friends and
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