Please take notice that the Defendants, the Board of Trustees of the Columbus Metropolitan Library ("Metropolitan Library"), Larry Black and Vonzell Johnson, by counsel, hereby remove this action to the United States District Court for the Southern District of Ohio, Eastern Division, upon the following grounds:

1. On April 3, 2001, Plaintiff filed his Complaint against the Defendants in the Franklin County Court of Common Pleas, said action being entitled Nienast v. Board of Trustees of the Columbus Metropolitan Library, et al., and designated as Case No. 01 CVH04 3104.

2. Plaintiff served summons on Defendants on April 12, 2001 at the Metropolitan Library's main offices. Copies of all process, pleadings and orders served upon Defendant are attached hereto as Exhibit A.

3. In his Complaint, Plaintiff alleges that the Columbus Metropolitan Library's policy requiring the wearing of shoes in Library buildings violates the First, Ninth, and Fourteenth Amendments of the United States Constitution. Plaintiff purports to bring his claim pursuant to 42 U.S.C. § 1983.

4. The above-captiond case is subject to removal under 28 U.S.C. §1441(b), because the district court has original jurisdiction over this action based on federal question jurisdiction under 28 U.S.C. § 1331.

5. This Notice of Removal is filed within 30 days after receipt of Defendants, through service or otherwise, of Plaintiff's Complaint as required by the provisions of 28 U.S.C. § 1446(b).

WHEREFORE, the Defendants pray that the said Civil Action No. 01 CVH04 3104 in the Franklin County Court of Common Pleas be removed therefrom to the United States District Court for the Southern District of Ohio, Eastern Division, and proceed as an action properly removed thereto.

The undersigned hereby certifies that a copy of the foregoing Notice of Removal was served, by regular U.S. mail, postage prepaid, upon Robert A. Neinast, Plaintiff, 8617 Ashford Lane, Pickerington, Ohio 43147, this 11th day of May, 2001.