I, David DiFonzo, 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 a resident of Rockville, Maryland, and a friend of Robert A. Neinast, the Plaintiff in Robert A. Neinast v. Board of Trustees of the Columbus Metropolitan Library, et al..

3. On September 18, 1999, I, Robert A. Neinast, and approximately 7 other friends toured the Smithsonian Institution barefoot.

4. Upon entering the Museum of American History, we were stopped by a guard who informed us that we needed to wear shoes to use the Museum. I requested that the guard call his supervisor and check with him. After doing so, the guard invited us to tour the Museum barefoot.

5. After the group finished touring the Museum of American History, we walked to the National Air and Space Museum, where we ate lunch in the cafeteria. We then toured the exhibits there, barefoot the whole time.

6. Aside from the challenge described in paragraph 4, on that day there were no incidents of any kind related to our bare feet.

7. On August 17, 2001, Robert Neinast, Greg Morgan, and I visited the Smithsonian Institution's Museum of Natural History barefoot. Although a curator cautioned us about recent quartz polishing in the Gem and Minerals section, there were no incidents of any kind.

8. On that day we also visited the United States Capitol Building where, soon after entering the rotunda, were surrounded by multiple Capitol Police officers who asked us to return with them to the entrance/security check- point. There we waited for approximately 15 minutes while higher-ups of the Capitol Police were consulted. Eventually permission was granted. No other interactions with the Capitol Police occurred for the remainder of our multiple- hour long tour.

9. While touring the Capitol, we were engaged by a young lady who expressed interest in our lack of footwear and about the legality of it. I was not attendant to the whole conversation, unlike my companions. I do personally attest that this young lady was enthusiastic when she heard of our barefoot creed and she mentioned that she too frequently exercised her right to a comfortable and healthy lack of footwear.

Further affiant sayeth naught.

Sworn to before me and subscribed in my presence this 7th day of September, 2001.