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 First Set of Interrogatories as follows:

1. Please identify any persons by name, address, and Library position who answered or assisted in answering these Interrogatories.

RESPONSE:

Forrest Sorensen
Manager, Security Division
Columbus Metropolitan Library
96 South Grant Avenue
Columbus, OH 43215

Larry D. Black
Executive Director
Columbus Metropolitan Library
96 South Grant Avenue
Columbus, OH 43215

Patricia S. Furney
Administrative Coordinator
Columbus Metropolitan Library
96 South Grant Avenue
Columbus, OH 43215

Kenneth M. Kotton
Assistant Vice President
Acordia
580 North Fourth Street
Suite 400
Columbus, OH 43215

2. Please state whether any of the Library's insurance policies require, at any time required, or is being (or has been) interpreted to require, that the Library enforce a barefoot policy as part of coverage. If so, please append a copy of the relevant portion of these insurance policies to the Answers.

RESPONSE:

No provision of the Library's insurance policies requires that that the Library maintain a regulation requiring patrons to wear shoes.

3. Please provide copies of any incident reports related to security's interactions with Plaintiff Neinast on November 10, 2000, January 23, 2001, and March 2, 2001. Append these copies to the Answers.

RESPONSE:

See Attachment A hereto.

4. Please detail any commotions related to barefooted patrons at the Main library on the following dates: October 4, 2000, October 17, 2000, November 10, 2000, January 2, 2001, January 6, 2001, January 10, 2001, January 23, 2001, January 31, 2001, and March 2, 2001; and at the Reynoldsburg branch of the library on the following dates: 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. Include the extent and exact nature of any disturbance caused by the presence of the barefooted patron. Append copies of any incident reports to the Answers. If, for any given date and location, there was no commotion or incident report, please state so.

RESPONSE:

The Library has been unable to find any documentation related to the presence of barefoot patrons (disruptive or otherwise) on the listed dates.

5. Has the Library endorsed or adopted the American Library Association's Library Bill of Rights?

RESPONSE:

No. The Columbus Metropolitan Library is an autonomous public entity that promulgates its own policies and procedures.

6. Do you contend that the distractions or impacts, if any, caused by bare feet are different, either quantitatively or qualitatively, from distractions or impacts caused by large tattoos, green hair, eyebrow rings, nose piercings, or bare midriffs? If so, in what way?

RESPONSE:

The Defendants take no position concerning the similarity of the distractions caused by these personal adornments to those caused by the act of going barefoot.

The Defendants note, however, that none of the listed personal adornments present the same kind of safety issues as are associated with going barefoot. The procedure requiring that patrons wear shoes was approved to protect the health and safety of Library patrons, who may be harmed in the Library if allowed to enter barefoot. The requirement was also approved to protect the economic well-being of the Library, by averting tort claims and litigation expenses stemming from potential claims by barefoot patrons who might suffer injuries that shoes could have prevented. Large tattoos, green hair, eyebrow rings, nose piercings and bare midriffs do not present similar safety or liability issues.

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 8th day of August, 2001.