I, Larry D. Black, being first duly cautioned and sworn, hereby state as follows:

1. The statements contained in this affidavit are based on my personal knowledge.

2. I am currently employed as Executive Director of the Columbus Metropolitan Library ("the Library"). I have been the Executive Director for 17 years. My responsibilities, as defined by the Library Organization Policy, include determining internal policies and procedures, selecting books and other materials, hiring and terminating Library employees, conducting public relations, and handling all other matters involved with the operation of the Library system. I am the Library's chief administrative officer. A true and accurate copy of the Library Organization Policy is attached hereto as Exhibit 1.

3. I supervise and administer the day-to-day proprietary functions of the Library. I am generally responsible for creating procedures that implement policies adopted by the Board. Among other things, these procedures safeguard the health and safety of Library patrons and maintain the fiscal integrity of the Library.

4. In performing this function, pursuant to the description of my position in the Board of Trustee's Library Organization Policy, I approved and promulgated the Library's Eviction Procedure, including a provision requiring patrons to wear shoes. A true and accurate copy of the Eviction Procedure is attached hereto as Exhibit 2.

5. I approved the procedure requiring that patrons wear shoes to protect the health and safety of Library patrons, who may be harmed in the Library if allowed to enter barefoot.

6. I also approved the procedure requiring that patrons wear shoes to protect the economic well-being of the Library, by averting tort claims and litigation expenses stemming from potential claims made by barefoot patrons who could have suffered injuries that shoes could have prevented.

7. The Board of Trustees is aware of and approves of the Eviction Procedure as written.

8. I am familiar with Robert A. Neinast, and his claims against the Library. As a result, I have reviewed his correspondece to both myself and Mr. Swaddling, then- President of the Board of Trustees, as well as Mr. Neinast's letters to other members of the Board.

9. In response to Mr. Neinast's inquiry regarding the Eviction Procedure's constitutionality (and advisability), Mr. Swaddling responded by letter that the Board has entrusted me with the authority to make decisions regarding the Library's procedures, and that he approved of the Eviction Procedure as written. A true and accurate copy of this letter is attached as Exhibit 3.

10. When Mr. Neinast remained unsatisfied by Mr. Swaddling's answer, I contacted the Franklin County Prosecutor's Office to request an opinion regarding the constitutionality of the Eviction Procedure's requirement that patrons wear shoes. I informed Mr. Neinast of this inquiry. On February 7, 2001, Jeffrey Glasgow, First Assistant with the Prosecutor's office, responded by letter that his research had concluded that the procedure's rule requiring shoes is constitutional. I forwarded this letter to Mr. Neinast. A true and accurate copy of the letter is attached as Exhibit 4.

Further affiant sayeth naught.

Sworn to before me and subscribed in my presence this 2nd day of August, 2001.