Pursuant to Rule 33 of the Federal Rules of Civil Procedure, Defendants Board of Trustees of the Columbus Metropolitan Library ("the Library"), Larry D. Black and Vonzell Johnson (collectively, "Defendants") hereby respond to Plaintiff Robert A. Neinast's Second Set of Interrogatories as follows:

7. Does the Library have an insurance policy covering the Library against the negligent acts of its employees that might result in an injury tort action against the Library? If so, please attach details on the extent of the coverage.

RESPONSE:

Yes. The Columbus Metropolitan Library maintains the following liability contracts, all of which protect the Library from damages arising from the negligence of employees in the performance of their duties: Comprehensive General Liability, Automobile Liability, Director's and Officer's Liability, Employee Practices Liability, and Fiduciary Liability.

8. Identify all incidents in the last 5 years where hazardous material in the public areas had to be cleaned up. Provide details on the material and type of hazard presented. Rate the level of the hazard in two ways: 1) the likelihood that a barefooted patron would notice and avoid the hazard, and 2) the likely severity of an injury if a barefooted patron encountered the hazard. Describe what steps, if any, were taken to deal with the hazard and what steps, if any, were taken to prevent the re-occurrence of similar incidents. Append to these Answers copies of any maintenance or incident reports related to this hazardous material.

RESPONSE:

Pursuant to Federal Rule of Civil Procedure 33(d), the Defendants have provided business records containing this information. These records are attached hereto as Exhibit 1. As to the chance of injury or the likely severity of injury, the Defendants respond that the Library takes all hazards to the health and safety of its patrons seriously.

9. Please identify any special procedures or policies that the Library has for protecting children who are sitting or crawling on the floor.

RESPONSE:

Pursuant to Federal Rule of Civil Procedure 33(d), the Defendants have provided business records containing the information. These records are attached hereto as Exhibit 2.

10. Were any studies conducted in the course of instituting the barefoot policy? If so, please detail those studies. Append copies of the study or studies to these Answers.

RESPONSE:

No studies were conducted in promulgating the requirement that patrons wear shoes.

11. Please append to these Answers the minutes of any meeting that led to the instituting of the barefoot policy. If no such meeting took place, please so state. If no minutes were taken, please so state.

RESPONSE:

Director Larry D. Black met with Security Manager Forrest Sorensen during the week of January 26, 1998 to discuss the policy. No recorded minutes of this meeting exist.

12. Is Larry D. Black or are any of the Trustees of the Library members of the American Library Association and/or have any of these people attended a convention of the American Library Association in the past 2 years? If so, please identify them by name.

RESPONSE:

Mr. Black is not a member of the American Library Association. Board of Trustees members Philip C. Johnston, Terry A. Boyd, Cynthia A. Hilsheimer, Terry L. Casey, Charlotte P. Kessler, Samuel H. Porter and David C. Swaddling are members of the American Library Association.

Mr. Black, Mr. Johnston, Dr. Boyd, Ms. Hilsheimer, Mr. Casey, and Ms. Kessler have all attended American Library Association conventions in the past two years.

13. Please provide a copy of the letter, along with any attachments or accompanying material, from Larry D. Black to the Franklin County Prosecutor's office, that requested an opinion of the constitutionality of the Library's barefoot policy.

RESPONSE:

Responsive documents are attached hereto as Exhibit 3.

I, Larry D. Black, hereby state under oath that I have read the foregoing answers, and that they are true and accurate to the best of my knowledge and belief.

Sworn to before me and subscribed in my presence this 6th day of September, 2001.