UPDATE: January 18, 2023
The ACLU of Delaware sent a letter to the Attorney General's office demanding an immediate pause on the enforcement of the state loitering and solicitation statutes pending a legislative repeal. These laws not only unconstitutionally penalize people occupying public spaces, but also illegally discriminate against people in need and those experiencing homelessness. As long as these state laws remain in place, cities across Delaware continue to enact them into ordinances.
The constitutional right to exist in public spaces must be protected.
UPDATE: December 12, 2022
This ordinance has been tabled. Check back for future updates and ways to stay involved.
Thank you for making your voice heard!
The letter below was sent to the City of Dover in opposition to proposed Ordinance #2022-26. This ordinance clearly violates several consitutional protections, and further criminalizes Delaware's homeless population by enacting penalties for any activity deemed to be “loitering." If enacted, we are prepared to take legal action.
Every person in a free society has a right to exist in public spaces, and this ordinance is in direct violation of that right. We therefore ask the city to withdraw the unconstitutional Dover Ordinance immediately, and invest in developing approaches that will lead to the best outcomes for all Delawareans — housed and unhoused alike.