The Statehouse Responds

You all may recall that on March 22, 2012, the day that the barefoot ban went into effect at the Statehouse, I wrote a letter to them asking for a perpetual waiver, citing my testimony about how my going barefooted helps my knees, etc..

Today, 2 and a half weeks later, I finally got a reply from them.

The first thing that strikes me is, what if you don’t know about the footwear rule in the Statehouse and you have bona fide reasons for going barefoot (e.g., health or maybe religious reasons)? You show up and they won’t let you in because it takes at least 2½ weeks just to exchange correspondence regarding the procedure?

[By the way, I hate the idea of waivers, for either businesses or governmental entities. I shouldn’t need a waiver to do something as safe and unassuming as going barefoot. Getting and being granted a waiver is a sort of tacit acknowledgement that there is somehow something wrong with going barefoot when there isn’t.]

Anyways, here is their letter in reply:

Dear Mr. Neinast

The Capitol Square Review and Advisory Board received your request for a rule waiver on March 23, 2012.

To apply for a waiver, please execute the enclosed application. Be advised that by applying for a waiver, you are certifying that your use of the Capitol building and/or grounds otherwise complies with all applicable rules and you agree to hold the State harmless from any damage that might arise to the State or any third party arising from your use of the Capitol building and/or grounds with the benefit of a waiver.

In response to your request for a waiver in perpetuity, we regret that, for administrative reasons, we cannot grant such a waiver. You must identify the specific date that you intend to visit the Statehouse a reasonable amount of time prior to your expected visit so that you may be issued a waiver for that date.

Upon receipt of the signed application, the Capitol Square Review and Advisory Board or its designee will grant or deny your application and you will be notified of the grant or denial in writing using the contact information provided in the application.

Thank you for your attention to this matter.

Sincerely,

William E. Carleton
Executive Director

I wouldn’t be surprised if the delay was occasioned by interactions with Ohio’s Attorney General’s office. 🙂

Here is what their Request for a Waiver looks like (I’m not sure, but I imagine this is their standard form—or maybe they had to create it specially for me).

CAPITOL SQUARE REVIEW AND ADVISORY BOARD
REQUEST FOR WAIVER UNDER O.A.C. 128-04-02(I)

This form is to be used by any person desiring to obtain a waiver of any provision set forth in Ohio Administrative Code 128-04-02. Rules may be waived for “good cause” shown, as provided in O.A.C. 128-4-02(I).

PERSON REQUESTING WAIVER [completed by applicant]:

NAME: _____

STREET OR E-MAIL ADDRESS: _____

PHONE NUMBER: _____

PROVISION(S) OF RULE FOR WHICH WAIVER IS REQUESTED [completed by applicant]: _____

“GOOD CAUSE” FOR GRANTING OF WAIVER [completed by applicant]: _____

DATE FOR WHICH WAIVER IS REQUESTED [completed by applicant]: _____

CONDITIONS FOR GRANTING OF WAIVER:

By requesting this waiver, the undersigned applicant agrees that:

1. The information provided on this application is truthful and complete;

2. The applicant’s use of the Capitol buildings and grounds with the benefit of such waiver:

a. Does not interfere with the primary use of the capitol buildings or grounds, including but not limited to its use as a site of the legislative activities of the Ohio general assembly; offices of state elected officials; as a living museum of Ohio’s historical, artistic, and architectural heritage; and as a public park;

b. Is appropriate to the legislative, historical, artistic, architectural and esthetic context of the capitol buildings or grounds;

c. Does not unduly burden the managing authority by a use that includes but is not limited to one that requires excessive financial, staff, security, or equipment resources, or that unduly threatens the physical, historical, architectural, artistic, or esthetic condition of the capitol buildings or grounds, or unduly threatens the safety of the public or state employees; and

d. Does not expose the state to the likelihood of unreasonable expenses and/or damages that cannot be recovered.

3. The applicant understands that this waiver does not constitute a permit to use any part of the Capitol building and grounds, and that the applicant must apply separately for a permit when Capitol Square Review and Advisory Board rules so require (see O.A.C. 128-04-02(B)).

4. The applicant understands that this waiver applies only to the specific provision(s) of O.A.C. 128-04-02 identified on this application and that the applicant must abide by all other laws or rules governing use of the Capitol building and its grounds.

5. The Capitol Square Review and Advisory Board reserves the right to revoke this waiver at any time when, in the good faith judgment of the Board or its designee, the applicant’s use of the waiver is deemed to violate any part of O.A.C. 128-4-02(A)(1)-(4) or if applicant’s use of the waiver unduly interferes with the Board’s ability to operate the Capitol building and grounds safely and effectively. If the Board elects to revoke this waiver, the Board will notify the applicant using any of the contact information provided on this form that the waiver is revoked.

6. This waiver is granted upon the express condition that the Capitol Square Review and Advisory Board, its agents and employees shall be free from all liabilities and claims for damages and/or suits for or by reason of any injury, or death to any person or damage to property of the applicant or third parties, from any cause or causes whatsoever while in or upon the Capitol building or grounds, or any part thereof, during the term of this waiver, relating in any way to applicant’s failure to follow the rule for which this waiver was granted, and the applicant hereby covenants and agrees to indemnify, defend, save and hold harmless the Capitol Square Review and Advisory Board, its agents and employees from all liabilities, charges, expenses and costs on account of or by reason of any such injuries, deaths, liabilities, claims, suits or losses however occurring or damages growing out of the same.

APPLICANT: _____

SIGNATURE: _____ Date: _____

CAPITOL SQUARE REVIEW AND ADVISORY BOARD:

This request for waiver of O.A.C. 128-04-02 _____ (identify provision) is [GRANTED†] [DENIED*] (circle one).

SIGNATURE: _____ Date: _____

PRINT NAME: _____

† If granted, this waiver is effective for the following date(s):

FROM: _____ TO: _____

* If denied, reason for denial explained below:

_____

Hmmmm.