Court Cases

People should not have to pay exorbitant fees to access their right to information about Delaware public institutions. On December 22, 2025, ACLU of Delaware filed a complaint challenging excessive fee charges in response to Freedom of Information Act (FOIA) requests from Delaware school districts. Most school districts in Delaware have historically not charged extensive fees for fulfilling FOIA requests. However, for the first time in 2025, Cape Henlopen, Christina, and Woodbridge quoted charges of approximately $3,438, $1,934, and $2,000 respectively for the requests. The prior year all three school districts fulfilled similar requests at no charge. Charging thousands of dollars for information requests creates a substantial barrier to the average Delawarean seeking information about their local school district. This greatly undermines the intention of Delaware’s Freedom of Information Act, which is meant to give the public greater access to information about public-serving institutions in the state. At ACLU-DE, we are strong proponents of government transparency and accountability. We will continue to work to break down any barriers to information that the public has a right to know about the institutions that serve them.

Voting is for the people. Not corporations. On December 4, 2025, the ACLU of Delaware filed a lawsuit against Fenwick Island for violating the Delaware Constitution by allowing non-human artificial entities–such as corporations and LLCs–to vote in municipal elections. With over 2 million business entities incorporated in Delaware–roughly double the amount of actual people living in the state–the people of Delaware risk having their voices drowned out when towns like Fenwick Island allow corporate voting. We stand in firm defense of the democratic ideal: "one person, one vote."

Violence by correctional officers isn’t just a moral failing – it’s unconstitutional. People living in prisons have the constitutional right to be free from cruel and unusual punishment. We're fighting a legal battle to shed light on and end a pattern of abuse at the Sussex Correctional Institution.

The Delaware Freedom of Information Act (FOIA) is a critical tool to facilitate public awareness and government accountability. Yet many state agencies continue to deny access to the very information FOIA was designed to make more transparent. On January 27, 2025, the ACLU of Delaware filed an appeal with the Superior Court of Delaware following two FOIA request denials from the Delaware Department of Corrections (DOC) related to information on eligible incarcerated voters and elderly incarcerated individuals. In August of 2024, ACLU-DE requested information about the number of incarcerated individuals who may be eligible to vote, the number of elderly individuals incarcerated in Delaware, and the information needed to contact them. The information requested was not confidential, nor did it pose any security risk. DOC's denial of these requests is indicative of a larger pattern of FOIA request denials from state agencies that keep important information out of view of the general public. The request for eligible incarcerated voters aimed to gather the information necessary to provide accessible voter education. The right to vote is a cornerstone of our democracy, and ensuring incarcerated individuals have access to the ballot is critical to upholding it. The request for elderly incarcerated individuals aimed to ensure these individuals are getting the necessary medical care and assistance that comes with aging, as well as gather information on Delaware's use of compassionate release. The recidivism rate of adults over 65 is only 4 percent, yet compassionate release laws are rarely used. We need to rethink the costly practice of keeping these people, who pose little or no risk to public safety, behind bars. We stand firm in the belief that all incarcerated people should never be denied the information, care, or assistance they need and are constitutionally guarenteed. When upheld as intended, FOIA can and should be a powerful tool in helping to ensure the civil rights and liberties of vulnerable populations are protected.

Beginning December 18, 2024, the ACLU of Delaware represented a client in his Third Circuit appeal, arguing that the Delaware State Police (DSP) have been relying on general warrants in violation of the Fourth Amendment.