I, Robert A. Neinast, 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 have been going barefoot nearly continuously since mid-1997. The only times I have not been barefoot have been when I was dressed formally or semi-formally, when I was engaged in an activity that required footwear (such as inline skating), when I was engaged in an activity that genuinely required footwear for safety purposes (such as shoveling dirt), when the temperature was below 20 degrees or there was extensive snow on the ground, or when a business or institution would not let me in barefoot and I needed to use their facilities.

3. My barefooting has, over the years, become an integral part of my personal self-expression. In addition, it is important to me as part of my life in that it has the spiritual component of letting me feel in deeper contact with my environment; to me, wearing shoes is like wearing a hat that stops the feel of wind rustling in one's hair. Since going barefoot regularly, I find that my feet no longer hurt the way they used to, or go numb when I drive long distances. I attribute this to their increased muscular strength due to barefooting, and increased flexibility from the exercise barefooting provides them. When I wore shoes regularly, they were enclosed in a warm, moist environment, and foot odor resulted. Since going barefoot continuously, I no longer have that problem.

4. I use my bare feet to convey a message. I am regularly told that it is illegal to enter a store barefoot, or against health codes. By visiting stores and other public buildings barefooted, I express the message that it is not illegal, and that it is a misconception. I regularly carry in my pocket or car three separate letters that assist me in expressing my message. I use the first letter to show that there is no Ohio Department of Health regulation requiring shoes in a public building. A true and accurate copy of this letter is attached hereto as Exhibit A. I acquired this letter from the website of the Society for Barefoot Living: <http://www.barefooters.org>. The Society for Barefoot Living, of which I am a member, is an international organization of over 800 people who prefer to live their lives barefoot. This website also contains similar letters for most other states. I use the second letter to show that there is no Franklin County Board of Health regulation requiring shoes in a public building. A true and accurate copy of the second letter is attached hereto as Exhibit B. I use the third letter to show that there is no Columbus Health Department regulation requiring shoes in a public building. A true and accurate copy of the third letter is attached hereto as Exhibit C.

5. I have seen signs on stores that perpetuate the misconception that health codes require patrons to wear shoes. I have taken a picture of the sign on the door of the CVS Pharmacy at 6659 E. Main St., Reynoldsburg. The sign says, "Footwear Required by order of the Department of Health." A true and accurate copy of that photo is hereto attached as Exhibit D. I have taken a picture of the sign on the door of the McDonald's restaurant at 3750 S. Hamilton, Columbus. The sign says, "No Bare Feet by Order of the Department of Health." A true and accurate copy of that photo is hereto attached as Exhibit E.

6. My message that no health codes require shoes has been conveyed. On July 14, 1999, I was approached by a guard in the Galyans store at the Easton shopping mall in Columbus. I was asked to leave for health code reasons. I showed my letter (Exhibit A). The story changed to "store policy". I wrote to Galyans, and on July 29, 1999, was given, but upper management, permission to use the store barefoot. On June 25, 1999, while waiting for a table at the Don Pablo's restaurant at 1200 Noe-Bixby Rd., Columbus, I was approached by an employee and told that health codes required that I wear shoes. I produced my letter (Exhibit A). The manager borrowed it to make a photocopy, and called corporate. In the end, they decided that they wanted me to wear footwear. At the Outback Steakhouse at 6000 E. Main St., Columbus, I was told I needed shoes due to health codes. I showed my letter (Exhibit A). The story changed, and I was not allowed in. On August 21, 2000, I was asked to leave the Rite-Aid pharmacy at 3506 Gender Rd., Canal Winchester, due to health code reasons. I produced my letter (Exhibit A). The manager conceded his mistake and allowed me to stay. On September 2, 2000, I was approached by a manager in the Wal-Mart at 2973 Taylor Rd., Reynoldsburg. He was concerned about health codes. I produced my letter (Exhibit A). He thanked me for the information and allowed me to stay. On June 20, 2001, I was approached by an employee in the Krogers at 7000 E. Broad St., Columbus and told that health codes required that I wear shoes. I produced my letter (Exhibit A). The story then changed to, "there is a sign on the door." Upon checking, there was no sign. The story then changed to "corporate policy." I have not returned to that store.

7. On July 3, 1999, while barefoot in the Smithsonian Museum of American History, I was approached by a guard and told I needed to have shoes on. I showed the guard, and the many subsequent guards that showed up, the Smithsonian authorizing statute and the relevant section of the Code of Federal Regulations, to no avail. I was forced to put on flip-flops. When I returned home, I wrote to the President of the Smithsonian at that time, I. Michael Heyman, and received a reply from their General Counsel, James Huerta, confirming that there was no regulation. On September 18, 1999, I returned to the Smithsonian, visiting the Museum of American History and the Air and Space Museum barefooted, without incident. On August 17, 2001, I visited the Air and Space Museum with Greg Morgan. While in the cafeteria, we were approached by a Smithsonian guard and told that we needed to have shoes on, and that it was a federal health code regulation. I showed him a copy of the Huerta letter. A true and accurate copy of the letter I showed him is attached hereto as Exhibit F. After taking the letter for a moment, the guard returned, apologized, and told us to enjoy the rest of our visit. We then finished eating and toured the museum, still barefoot, without incident.

8. On August 17, 2001, I visited the United States Capitol Building with Greg Morgan and David DiFonzo. Although the Capitol Police were originally reluctant to allow us to enter barefooted, after checking with their superiors, they conceded the absence of any regulation and allowed us to visit barefooted. While visiting the Capitol, we were approached by two separate parties enquiring about the legality of our being barefoot. Each party expressed the desire to also be able to do so.

9. I have extensive experience in going barefoot in many different environments, and have found that hazards to my feet are few and far between. I have gone barefoot on 20-mile hikes, on paved trails, on backcountry trails, in city streets and sidewalks, in stores, in restaurants, in schools, and in federal buildings. Those hazards I have encountered I have either easily avoided, or they have resulted in injuries so minor as to be ignorable. All such injuries have been outdoors. Any injuries attributable to my being barefoot have been of a lesser nature than injuries sustained to my hands simply working in the garden, or in my workshop. The worst injuries to my feet have been blisters caused by shoes or skating boots. It is my opinion that the dangers of going barefoot, if any, are no greater than the dangers of getting injured on any other part of the body through the vicissitudes of everyday life.

10. It is my experience that I am safer when I am barefoot. When I am barefoot, I can feel the surface that I am walking on, and I have discovered a wet or slippery floor because of that, and have therefore been able to avoid slipping. I have also found that I no longer turn my ankle, not having a higher platform (the heel) to fall off of.

11. When I have visited the Columbus Metropolitan Library, I have carefully examined where I walked, and have never seen any sort of hazard there that could injure a barefooted patron.

12. On September 12, 1997, I parked in the underground parking lot of the Main branch of the Columbus Metropolitan Library. Barefoot, I proceeded to use the stairs to go up to the entrance level. I never saw any sign requiring shoes. On the second level of the Library, I was stopped by a guard who made me leave the Library. I then checked more carefully for signs. I saw shoes-required signs on the exterior doors of the library. In the parking lot, I saw shoes-required signs on the levels that have elevator doors, but none on the levels with only stairwell access.

13. On October 22, 1997, I went to the Reynoldsburg branch of the Columbus Metropolitan Library. I asked for their copy of the Library's rules and regulations. A true and accurate copy of the Library's Mission Statement that I got that day is attached hereto as Exhibit G. A true and accurate copy of the Library's Patron Regulations that I got that day is attached hereto as Exhibit H.

14. On November 10, 2000, I went to the Main Library barefooted. I entered without incident and proceeded to find my books and check them out using the self-serve station. I then passed through the receipt checker station and by the main security desk. I was called back by a guard and told I needed to wear shoes to use the library. I showed the guard the Patron Regulations (Exhibit H) that had no regulation requiring shoes. After much discussion, a guard escorted me back into the Library proper, still barefooted, to Chris Taylor's office. Ms. Taylor informed me that the reason for the eviction procedure was to satisfy the health codes. I produced my letter from the Ohio Department of Health (Exhibit A). Ms. Taylor photocopied it. I also discussed Ohio tort law with Ms. Taylor. I then left her office and the Library.

15. On January 23, 2001, I went to the Main Library barefoot. I returned some books and proceeded to the third floor legal section, where I started looking up and photocopying cases of interest to me. After photocopying 2 cases, I was approached by security officer Sam Towns, who informed me I needed shoes. I informed him that there was no Patron Regulation requiring shoes. He left to consult with somebody. When he returned, he informed me that I had to leave or put on shoes. I was unable to finish looking up the cases I needed or to photocopy them. I was then escorted out past the security desk.

16. On March 2, 2001, I went to the Main Library barefoot. I looked up and photocopied some cases of interest. I then examined some books on athlete's foot. While returning to the legal section to further check on some cases, I was stopped by security officer Eric Wilson, who was joined by security officer Brian Fizgerald, escorted me to Chris Taylor's office. After some discussion with Ms. Taylor, she escorted me to the main interior entrance of the library, near the security desk, where we were met by Vonzell Johnson. Mr. Johnson supervised Mr. Wilson as he filled out a one-day eviction. During this period, I informed Mr. Johnson that the Eviction Procedure did not countenance a one-day eviction, but just a warning and chance to correct the problem. I offered to show him the Eviction Procedure, but he refused to look at it. Ms. Taylor then escorted me to the top of the stairway to the parking garage, and watched as I went through its door. I was unable to use the library for the rest of the day.

17. In my initial letter to Mr. Black I informed him of the deficiencies in the barefoot policy. A true and accurate copy of my letter of November 15, 2000, along with its attachment, is attached hereto as Exhibit I.

18. After the one-day eviction was written on March 2, 2001, I wrote a letter to Mr. Black on March 5, 2001, asking if I had exhausted all of my administrative remedies. A true and accurate copy of that letter is attached hereto as Exhibit J. Mr. Black replied that the Library would not reply to any further correspondence in this matter. A true and accurate copy of the letter I received is attached hereto as Exhibit K.

19. In addition to the above-mentioned dates, I visited the Main Library barefoot, without incident, on October 4, 2000, October 17, 2000, January 2, 2001, January 6, 2001, January 10, 2001, and January 31, 2001. I saw no disturbance of any type.

20. In addition to the above-mentioned dates, I visited the Reynoldsburg branch of the Columbus Metropolitan Library barefoot, without incident, May 16, 2000, June 21, 2000, August 10, 2000, September 5, 2000, September 11, 2000, September 27, 2000, October 5, 2000, October 17, 2000, October 24, 2000, November 13, 2000, December 7, 2000, January 4, 2001, January 8, 2001, January 10, 2001, January 29, 2001, February 13, 2001, March 7, 2001, March 23, 2001, May 8th, 2001, and May 18, 2001. I saw no disturbance of any type.

Further affiant sayeth naught.

Sworn to before me and subscribed in my presence this 12th day of September, 2001.