AFFIDAVIT OF GREGORY V. MORGAN


I, Gregory V. Morgan, 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 am a resident of Columbus, OH, and a friend of Robert A. Neinast, the Plaintiff in Robert A. Neinast v. Board of Trustees of the Columbus Metropolitan Library, et al..

3. On January 6, 2001, Mr. Neinast and I visited the main branch of the Columbus Metropolitan Library. We were barefoot the whole visit.

4. Mr. Neinast and I proceeded to the third floor where we used the legal collection to do research and to photocopy some materials. I also received assistance from one of the librarians in locating some material. My barefootedness was obvious to this librarian, who said and did nothing about it.

5. Mr. Neinast and I then proceeded to the other wing of the third floor and examined some medical books. After that, we then proceeded to the second floor video section. Mr. Neinast and I then proceeded to the main information desk, where we stood for at least 10 minutes while I arranged to get, via Inter-library Loan, "Take Off Your Shoes and Walk," by Simon J. Wikler. During that time, a guard walked right past us, either not seeing our barefootedness or not caring.

6. Mr. Neinast and I then exited the library, returned to the car, and placed our library materials in it. We then returned to the library, where I placed a phone call in the outside lobby, standing in full view of the guards' desk, and talking for around 10 minutes. Mr. Neinast and I then re-entered the library proper, went to the video section on the second floor, checked out a video, and then left.

7. Our total time in the library was approximately one hour. During the whole visit, there was no incident of any kind related to our barefootedness.

8. I regularly scan the surfaces that I walk on barefooted. During my visit, I saw no hazard of particular danger to bare feet. I did see some tripping hazards, as I observed some small children who were down on the floor on their hands and knees.

9. On August 17, 2001, I, along with Robert A. Neinast and David DiFonzo, another friend, visited the Museum of Natural History of the Smithsonian Institution in Washington, DC. We were all barefoot. The only comment I heard from Smithsonian personnel was when one of the curators warned us about possible quartz dust on the floor in one area.

10. We also visited the U. S. Capitol Building. After entering through the security checkpoint, we were approached about 1 minute later by a guard who claimed that we needed to have shoes on. He escorted us back to the security checkpoint, and, on our insistence, checked with his superiors. After waiting around 15 minutes, we were allowed to continue visiting the building barefoot. During our visit, we were approached by a woman who asked if we were making a statement with our bare feet. She asked about driving barefoot, and entering other buildings barefoot. We told her that it was legal.

11. Robert Neinast and I then visited the Air and Space Museum. We first went to the cafeteria to eat lunch. After we started eating, we were approached by a Smithsonian guard, who approached and told us that we needed to put our shoes back on. He seemed surprised to hear that we had none with us. The guard told us that it was a "Federal Health Code" requirement. I asked what code that was, informing him that I had thoroughly searched the Code of Federal Regulations and found no such requirement. Mr. Neinast showed him a letter, which the guard took to show somebody else. When the guard returned, we were allowed to stay there barefoot.

12. On November 23, 1997, I wrote to Larry D. Black about the barefoot policy, including an analysis of the court case, Kreimer v. Bureau of Police for the Town of Morristown. A true and accurate copy of this letter is attached hereto as Exhibit A.

Further affiant sayeth naught.

  ___________________________
Gregory V. Morgan
State of Ohio }
  }   ss:
County of Franklin }

Sworn to before me and subscribed in my presence this 15th day of September, 2001.

  ___________________________
Notary Public