AFFIDAVIT OF ROBERT A. NEINAST


I, Robert A. Neinast, 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 have been going barefoot nearly continuously since mid-1997.

3. My barefooting has, over the years, become an integral part of my personal being. In addition, it is important to me as part of my life in that it has the spiritual component of letting me feel in deeper contact with my environment; to me, wearing shoes is like wearing a hat that stops the feel of wind rustling in one's hair. Since going barefoot regularly, I find that my feet no longer hurt the way they used to, or go numb when I drive long distances. I attribute this to their increased muscular strength due to barefooting, and increased flexibility from the exercise barefooting provides them. When I wore shoes regularly, they were enclosed in a warm, moist environment, and foot odor resulted. Since going barefoot continuously, I no longer have that problem.

4. I am occasionally told that it is illegal to enter a store barefoot, or that it is against health codes. I regularly carry in my pocket or car three separate letters that assist me in expressing my message. I use the first letter to show that there is no Ohio Department of Health regulation requiring shoes in a public building. A true and accurate copy of this letter is attached as Exhibit A. I acquired this letter from the website of the Society for Barefoot Living: < http://www.barefooters.org>. The Society for Barefoot Living, of which I am a member, is an international organization of over 800 people who prefer to live their lives barefoot. This website also contains similar letters for all other states. I use the second letter to show that there is no Franklin County Board of Health regulation requiring shoes in a public building. A true and accurate copy of the second letter is attached as Exhibit B. I use the third letter to show that there is no Columbus Health Department regulation requiring shoes in a public building. A true and accurate copy of the third letter is attached as Exhibit C.

5. I have seen signs on stores that perpetuate the misconception that health codes require that patrons wear shoes. I have taken a picture of the sign on the door of the CVS Pharmacy at 3506 Gender Road, Columbus. The sign says, "Footwear Required by Order of the Department of Health." A true and accurate copy of that photo is attached as Exhibit D. I have taken a picture of the sign on the door of the McDonald's restaurant at 3750 S. Hamilton, Columbus. The sign says, "No Bare Feet By Order of the Department of Health." A true and accurate copy of that photo is attached as Exhibit E.

6. Store employees often think that there is a health regulation requiring shoes in public buildings. On July 14, 1999, I was approached by a guard in the Galyans store at the Easton shopping mall in Columbus. I was asked to leave for health code reasons. I showed my letter (Exhibit A). The story changed to "store policy". I wrote to Galyans, and on July 29, 1999, was given permission, by upper management, to use the store barefoot. Since then I have used the store barefoot tens of times. On June 25, 1999, while waiting for a table at the Don Pablo's restaurant at 1200 Noe-Bixby Rd., Columbus, I was approached by an employee and told that health codes required that I wear shoes. I produced my letter (Exhibit A). The manager borrowed it to make a photocopy, and called corporate. In the end, they decided that they wanted me to wear footwear. At the Outback Steakhouse at 6000 E. Main St., Columbus, I was told I needed shoes due to health codes. I showed my letter (Exhibit A). The story changed, and I was not allowed in. On August 21, 2000, I was asked to leave the Rite-Aid pharmacy at 3506 Gender Rd., Canal Winchester, due to health code reasons. I produced my letter (Exhibit A). The manager conceded his mistake and allowed me to stay. On September 2, 2000, I was approached by a manager in the Wal-Mart at 2973 Taylor Rd., Reynoldsburg. He was concerned about health codes. I produced my letter (Exhibit A). He thanked me for the information and allowed me to stay. I have since used that Wal-Mart barefoot quite regularly. On June 20, 2001, I was approached by an employee in the Krogers at 7000 E. Broad St., Columbus and told that health codes required that I wear shoes. I produced my letter (Exhibit A). The story then changed to, "there is a sign on the door." Upon checking, there was no sign. The story then changed to "corporate policy." At a later visit that year, there was a sign on the door. A year later the sign was removed, and I have since used the store barefoot without incident. On February 12, 2005, while using the Pickerington CVS, from which I had many years previously gotten permission to use barefoot, I was told by the pharmacist that I could not be there barefoot because of health codes. I did not happen to have my letters with me. I went back (barefoot) the following Monday with the letters and talked to the store manager, who talked to her district manager. They acquiesced, and I continue to use that CVS barefoot.

7. I regularly shop at the Pickerington Krogers. In 2001, I was challenged as I was checking out. I showed the manager the letter from the Ohio Department of Health (Exhibit A), who was under the impression that there was a health regulation. Since then, I have shopped barefoot at the Pickerington Krogers approximately once or twice a week. On June 26, 2003, while shopping barefoot, I stepped in a puddle (approx. 2 ft. by 3 ft.) that was pretty much invisible. I immediately felt it and was warned thereby. I reported it to a Krogers employee, who proceeded to clean it up.

8. On July 3, 1999, while barefoot in the Smithsonian Museum of American History, I was approached by a guard and told I needed to have shoes on. I showed the guard, and the many subsequent guards that showed up, the Smithsonian authorizing statute and the relevant section of the Code of Federal Regulations, to no avail. I was forced to put on flip-flops. When I returned home, I wrote to the President of the Smithsonian at that time, I. Michael Heyman, and received a reply from their General Counsel, James Huerta, confirming that there was no regulation. On September 18, 1999, I returned to the Smithsonian, visiting the Museum of American History and the Air and Space Museum barefooted, without incident. On August 17, 2001, I visited the Air and Space Museum with Greg Morgan. While in the cafeteria, we were approached by a Smithsonian guard and told that we needed to have shoes on, and that it was a federal health code regulation. I showed him a copy of the Huerta letter. A true and accurate copy of the letter I showed him is attached as Exhibit F. After taking the letter for a moment, the guard returned, apologized, and told us to enjoy the rest of our visit. We then finished eating and toured the museum, still barefoot, without incident.

9. On August 17, 2001, I visited the United States Capitol Building with Greg Morgan and David DiFonzo. Although the Capitol Police were originally reluctant to allow us to enter barefooted, after checking with their superiors, they conceded the absence of any regulation and allowed us to visit barefooted. While visiting the Capitol, we were approached by two separate parties enquiring about the legality of our being barefoot. Each party expressed the desire to also be able to do so.

10. On April 9, 2001, while attempted to enter the Franklin County Courthouse Complex through the overhead walkway, I was stopped by security and told that I could not enter barefoot. I then wrote a letter to Marianne Barnhart, Director, Public Facilities Management. I received back a letter from Alex Trent, Security Manager, confirming that there was no rule requiring shoes for the facility. I then used the facility many times barefoot to do research on my previous lawsuit. On July 17, 2002, I was stopped by security at the main entrance and not allowed to enter barefoot. I showed the letter from Mr. Trent and, after much discussion amongst numerous security personnel, I was allowed to enter. A true and accurate copy of the letter from Mr. Trent that I showed is attached as Exhibit G. I have been using the facility barefoot regularly ever since. All documents of my present lawsuit have been filed at the Franklin County Courthouse Complex barefoot. During my previous lawsuit, I filed approximately half of my documents in the Joseph Kinneary Federal Courthouse in Columbus barefoot. I never had any trouble getting through security. At the appeals level, I filed most of my documents in the Potter Stewart Federal Courthouse in Cincinnati barefoot. I never had any trouble getting through security. One time at the Stewart Courthouse, shortly after the Richard Reid shoe-bomber airplane incident, we joked a bit about whether they should require all people entering to be barefoot.

11. I have never had trouble being barefoot in an airport. In November, 1999, I flew from Port Columbus through Atlanta to Houston for my nephew's wedding. I was never questioned or challenged in any of those airports. In 2000 I flew barefoot to Chicago to teach a class, out of Port Columbus and into Midway; again, I was never questioned nor challenged. In the spring of 2001 I flew barefoot to North Carolina; again no problem in the airports. In Christmas of 2003 my mother flew here to Columbus. I waited at Port Columbus for over an hour for her to arrive, without incident, and waited there to see her off. There were no incidents.

12. I have ridden COTA buses barefoot at least eight times, never being denied boarding. I sent a Public Records Request letter to W. Curtis Stitt, Legal Counsel for COTA, asking for all regulations passed by the COTA board regarding patron behavior. A true and accurate copy of his reply is attached as Exhibit H. In a phone conversion with him, he stated that the Board has not passed any regulation prohibiting bare feet, and that the Board relies on the Ohio Revised Code and City Ordinances for regulating patron behavior.

13. I regularly visit the Statehouse barefoot. I regularly use Ohio highway rest areas barefoot. I regularly use Ohio DMV offices barefoot (renewing my driver's license, and assisting my children in getting their driving permits and licenses). I regularly use the Pickerington Post Office barefoot. I regularly visit Ohio Historical Society sites, including the museums, barefoot (Flint Ridge, Fort Ancient, the Great Circle Earthworks, the Octagon Earthworks). I regularly (approx. two times a month) use the Pickerington Public Library barefoot. I regularly enter Pickerington School District buildings barefoot, attending my children's events or attending other meetings. I have attended meetings of the Violet Township Trustees barefoot. When visiting my mother in Florida, I have used the Manatee County Public Library barefoot. I have never had any trouble doing so at any of these locations.

14. I regularly use the following businesses barefoot: The Andersons General Store, The Santa Maria, Lowes, Hobby Lobby, PetSmart, OfficeMax, Staples, Wal-Mart, Meijer, Target, Marquee Cinema, Barnes & Noble, Krogers, Big Bear (used to), CVS, Walgreens, Radio Shack, Sears Hardware, Wendy's, Tumbleweeds Restaurant, Fadó Irish Pub in Easton, Restaurant Hama in Easton, Mí Mexico Restaurant, and China Dynasty Restaurant.

15. On November 10, 2000, I went to the Main Library barefooted. I entered without incident and proceeded to find my books, remaining there at least an hour, and checked them out using the self-serve station. I then passed through the receipt checker station and by the main security desk. I was called back by a guard and told I needed to wear shoes to use the library. After much discussion, a guard escorted me back into the Library proper, still barefooted, to Chris Taylor's office. Ms. Taylor informed me that the reason for the eviction procedure was to satisfy the health codes. I produced my letter from the Ohio Department of Health (Exhibit A). Ms. Taylor photocopied it.

16. On January 23, 2001, I went to the Main Library barefoot. I returned some books and proceeded to the third floor legal section, where I started looking up and photocopying cases of interest to me. After photocopying 2 cases, I was approached by security officer Sam Towns, who informed me I needed shoes. I informed him that there was no Patron Regulation requiring shoes. He left to consult with somebody. When he returned, he informed me that I had to leave or put on shoes. I was unable to finish looking up the cases I needed or to photocopy them. I was then escorted out past the security desk.

17. On March 2, 2001, I went to the Main Library barefoot. I looked up and photocopied some cases of interest. I then examined some books on athlete's foot. While returning to the legal section to further check on some cases, I was stopped by security officer Eric Wilson, who was joined by security officer Brian Fizgerald, escorted me to Chris Taylor's office. I had been in the Library approximately one hour before being noticed by the security officer. After some discussion with Ms. Taylor, she escorted me to the main interior entrance of the library, near the security desk, where we were met by Vonzell Johnson. Mr. Johnson supervised Mr. Wilson as he filled out a one-day eviction. During this period, I informed Mr. Johnson that the Eviction Procedure did not countenance a one-day eviction, but just a warning and chance to correct the problem. I offered to show him the Eviction Procedure, but he refused to look at it. Ms. Taylor then escorted me to the top of the stairway to the parking garage, and watched as I went through its door. I was unable to use the library for the rest of the day.

18. On June 10, 2004, I returned to the Library wearing flip-flops, grabbed a book and started reading it in one of the easy chairs. I took off my flip-flops while doing so. After approximately 10 minutes, with numerous people passing by, and without any commotion, a guard arrived and told me I need to have shoes on at all times in the Library. I put my flip-flops back on, put back the book, and left.

19. In addition to the above-mentioned dates, I visited the Main Library barefoot, without incident, on October 4, 2000, October 17, 2000, January 2, 2001, January 6, 2001, January 10, 2001, and January 31, 2001. I saw no disturbance of any type; I was never stopped by any library personnel.

20. In addition to the above-mentioned dates, I visited the Reynoldsburg branch of the Columbus Metropolitan Library barefoot, without incident, 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. I saw no disturbance of any type; I was never stopped by any library personnel.

21. The January 2004 issue of Columbus Monthly magazine had an article on my dispute with the Library. A true and accurate copy of that article is attached as Exhibit I.

22. The Columbus Metropolitan Library website has a page, < http://www.cml.lib.oh.us/new/overview.cfm>, that says it was ranked #4 in its class. A true and accurate copy of that page is attached as Exhibit J.

23. On August 30, 2004, during a phone conversation with Johnathan Sullivan, attorney for the Library, I was told that the Library had recently enacted a new Code of Conduct. Mr. Sullivan told me that he would send me a copy of the new Code of Conduct. That copy never arrived. On September 7, 2004, I went to the main administrative office of the Columbus Metropolitan Library and asked for and received a copy of their new Code of Conduct. A true and accurate copy of that Code of Conduct is attached as Exhibit K.

Further affiant sayeth naught.

  ___________________________
Robert A. Neinast
State of Ohio }
  }   ss:
County of Franklin }

Sworn to before me and subscribed in my presence this 26th day of April, 2005.

  ___________________________
Notary Public