Earlier today, we sent a letter to Wilmington Police Department’s (WPD) Chief Tracy demanding that WPD cease its practice of preventing protesters from accessing Market Street.
The practice of blocking Market Street in Wilmington, Delaware, from protestor's access is blatantly unconstitutional — and yet, as highlighted by Delaware Online, WPD has repeatedly denied protesters access to Market Street, in at least five instances.
Our letter explains that while the City may enforce reasonable time, place, and manner regulations for protests that occur on sidewalks, those restrictions must not be based on protest content and must be narrowly tailored to serve a significant government interest. It goes on to inform Chief Tracy that the ad-hoc practice of limiting all protester activities on several blocks of Market Street burdens protected speech far more than is necessary to advance any conceivable government interest.
No law enforcement agencies should be using their power to unconstitutionally block Delawareans' right to free speech. We're optimistic that Chief Tracy will bring an end to this practice swiftly. Stay tuned.