Pursuant to Rule 56 of the Federal Rules of Civil Procedure, Defendants Board of Trustees of the Columbus Metropolitan Library ("the Library"), Larry D. Black and Vonzell Johnson move for summary judgment with regards to Plaintiff’s entire complaint. No genuine issue as to any material fact exists and thus Defendants are entitled to judgment as a matter of law. The reasons supporting this motion are set forth in the accompanying memorandum.

I. INTRODUCTION

II. RELEVANT FACTUAL ALLEGATIONS

III. ARGUMENT

A. SUMMARY JUDGMENT SHOULD BE GRANTED BECAUSE THERE IS NO CONSTITUTIONAL RIGHT TO WALK BAREFOOT IN A PUBLIC LIBRARY AND BECAUSE THE REGULATION IS SUPPORTED BY A RATIONAL BASIS

1. Plaintiff's Decision to Go Barefoot is Conduct Unprotected by the First Amendment

2. The Policy Requiring Shoes Does Not Violate Any Liberty Interest in Personal Appearance

B. SUMMARY JUDGMENT SHOULD BE GRANTED BECAUSE THE LIBRARY POLICY IS APPLIED WITHOUT REFERENCE TO A SUSPECT CLASS AND BECAUSE THE POLICY WAS CREATED PURSUANT TO A VALID PROCEDURE

1. Plaintiff's Procedural Attack Must Fail Because the Library's Board of Trustees is Empowered to Delegate Its Rulemaking Authority to its Appointed Director

2. Plaintiff's Equal Protection Claim Must Be Dismissed Because the Policy Requiring Shoes is Rationally Related to a Legitimate Governmental Interest

C. PLAINTIFF'S CLAIMS FAIL BECAUSE THE POLICY REQUIRING SHOES IS A VALID TIME, PLACE, AND MANNER REGULATION

1. The Library is a Limited Purpose Public Forum, and Plaintiff's Conduct is Inconsistent With the Library's Designated Purpose

2. The Library's Policy is a Reasonable Time, Place, and Manner Regulation

D. THE DOCTRINE OF QUALIFIED IMMUNITY BARS ANY CLAIM FOR DAMAGES AGAINST DEFENDANTS BLACK AND JOHNSON

IV. CONCLUSION

CERTIFICATE OF SERVICE