/s/ Marilyn Steiner                  
Marilyn Steiner, Affiant

Now comes Marilyn Steiner, the affiant herein, who after being duly cautioned and sworn, states the following:

1.     She is the Director of the Fairfield County District Library.

2.     She was in attendance at the regular meeting of the Board of Trustees of the Fairfield County District Library on January 20, 2009.

3.     The Board of Trustees of the Fairfield County District Library met in Regular Session on January 20, 2009, and for the stated reason that it is the fiscal responsibility of the Board to reduce and eliminate any risks which may potentially produce costly liability, the Board agreed to maintain its current code of conduct which includes a footwear policy.

4.     The foregoing actions are related herein through the personal knowledge of Affiant.

5.     The Ohio and federal caselaw resulting from the litigation between Robert Nienast and the Board of Trustees of the Columbus Metropolitan Library demonstrates that the doctrine of collateral estoppel applies in this case. As a result of the application of the doctrine of collateral estoppel, Robert Neinast's claims in this case are barred.

Sworn to before me and subscribed in my presence this 7th day of January, 2010.

  /s/ Roy E. Hart                  
Notary Public – State of Ohio