March 5, 2001
Larry D. Black, Director
Columbus Metropolitan Library
96 S. Grant Ave.
Columbus, OH 43215-4781Dear Mr. Black:
By now you have probably read your staff report regarding my visit to the Library on March 2, 2001.
I am now quite disappointed with the training and professionalism of your guards, particularly Eric Wilson and Brian (would not give me his last name). I, at all times, was cool, never raised my voice, and I followed all instructions of the guards, even while they argued with each other over what to do with me. I also note that my bare feet disturbed the library not one bit, as evidenced by the fact that I used the library facilities for over an hour before being noticed.
I was eventually taken to see Assistant Director Chris Taylor, who was again unfailingly polite and professional, though perhaps a bit exasperated. She did an excellent job of defusing a situation with rude and out-of-control guards.
Upon being escorted out by Ms. Taylor, the Assistant Manager, Security, Mr. Vonzell Johnson, along with Eric Wilson, insisted on presenting me with an Eviction Notice, claiming that it was warranted since I had been warned before. In addition to having as the reason for eviction, "Inappropriate Dress", the Notice also included "Staff Harassment." Ms. Taylor can vouch that at no time did I harass any of the staff, by any reasonable definition of the word "harass."
This Eviction Notice did not afford me due process, as your security personnel did not follow the library's own procedures. In fact, Mr. Johnson refused to let me show him the procedure, and insisted that he knew what was required. The Eviction Procedure (Case File 20.142), clearly says that the procedure for a Type 01 violation is a warning. And it remains a warning no matter how many times a Type 01 violation occurs. In fact, the speciousness of the "harassment" charge is highlighted since I was told that it consisted of tieing up the resources of the 3 guards while they escorted me around and filled out the Eviction Notice. If they had followed the documented (but still unconstitutional) Eviction Procedure, one guard would have escorted me out in 30 seconds, or it would have taken me 10 seconds to put on footwear (under protest).
You have now unjustly deprived me of using the library.
Next, I am quite disappointed with the quality of the opinion that you got from Jeffrey L. Glasgow of the County Prosecutor's office. Regarding the footwear rule in Kreimer, any first-year law student knows that courts only rule on issues before them. Kreimer never went without shoes, so that issue was not before the court. That discussion (in a footnote, no less) was dicta. There was no evidence presented, pro or con, for the court to consider. In addition, even if the proper level of scrutiny for this rule is "rational basis" (which is not what the body of the ruling says), there was no argument, one way of the other, as to whether the footwear rule was rational.
My letters to you and the Board members have elicited absolutely no basis, rational or otherwise, for your insistence on having such a footwear rule. You all merely persist in proclaiming it, presumably because you think you have the power, and object to that power being questioned. It would be so much easier for all concerned to simply remove this arbitrary and unjustifiable rule.
I ask again, upon what basis have you promulgated this rule requiring footwear in the library?
I note in passing that the Pickerington Library has no such rule. In fact, their only footwear rule asks patrons to remove their inline skates and go barefooted or in stocking feet to use the library. That rule has a rational basis.
Finally, is that any other avenue I should address to try to get you to change your footwear policy? Have I exhausted all my administrative remedies?
Sincerely,
Robert A. Neinast
Cc: Mr. Philip C. Johnson, President, Board of Trustees
Mr. David C. Swaddling, former President, Board of Trustees
Mr. Jeffrey L. Glasgow, County Prosecutor's Office
Put off thy shoes from thy feet: for the place where thou standest is holy ground.
Acts 7:33