Court Cases

It is vital to our democracy for Delawareans to be able to easily access public records for public institutions in our state. The Delaware Department of Justice's inadequate and inaccurate responses to Freedom of Information Act (FOIA) requests impedes the public's access to information they are rightfully entitled to have. As an organization that values government transparency, we will always fight to uphold the spirit of FOIA and the right of the people to be informed.

On March 12, 2026, the ACLU of Delaware filed a complaint against the Town of Dewey Beach for the unlawful denial of a Freedom of Information Act (FOIA) request seeking access to body worn camera footage from six law enforcement officers. ACLU-DE requested the body worn camera footage after receiving a report that a group of young people had faced potential discrimination last year due to their race. The State of Delaware mandates that police use body worn cameras in order to provide greater transparency and accountability to Delawareans when police officers are working in their public capacity in public spaces. When footage from those cameras is intentionally kept from public view, it undermines trust in law enforcement. Denying a FOIA request like this is yet another example of a public institution misusing FOIA exemptions to avoid being transparent and accountable for how it operates. We will continue to fight to make sure Delawareans can access the public information they are rightfully entitled to have. Freedom of information is integral to our democracy, and all Delaware institutions must uphold it to protect and empower everyone who lives here.

The ACLU of Delaware filed a federal complaint today against Attorney General Kathy Jennings and the City of Wilmington in response to the State of Delaware’s Solicitation Statute, Loitering Statute, and the City of Wilmington's Loitering Ordinance.

In 2020, Kari Lynn Overington reserved a vanity license plate for her vehicle that was a victory statement about her fight with cancer: "FCANCER." The Delaware DMV tried to revoke her right to use that license plate, but ACLU-DE successfully defended her freedom of speech!

Wilmington, the Norman Law Firm, and ACLU-DE Settle Lawsuit Over Unconstitutional Arrests