Dover’s City Council held a special meeting last week to hear public input on their proposed loitering ordinance.
Dover’s current loitering ordinance only applies to parks, and the state’s loitering ordinance – which police can enforce city-wide – creates a criminal record for anyone who receives a citation. City Council President Roy Sudler argues by creating a city-wide ordinance that imposes a fine, the council is giving police the option to enforce loitering rules without involving the criminal justice system.
"I think it has not been clear enough that we are looking to turn down the penalty so that marginalized groups do not face a criminal offense," Sudler said.
But opponents argue that could primarily impact people experiencing homelessness; sending unpaid tickets to a collections agency, potentially damaging their credit.
ACLU of Delaware Policy Director Javonne Rich told the council her organization would challenge the ordinance in court. Rich also noted the ACLU’s opposition to the state’s loitering law.
“The ACLU of Delaware just last week sent a letter to the state’s Attorney General asking for a moratorium on the enforcement of those codes, and for the Attorney General to support a full repeal as well."
Other opponents include the NAACP of Central Delaware and volunteers from Kent County's Code Purple shelter, who argued that the city could spend tax dollars more effectively by providing housing resources for their clients — generally homeless men with the highest-acuity needs — than by using police resources to enforce loitering laws.
Sudler maintains that the council can't direct city dollars to the construction of additional homeless services facilities without a petition showing broad public support from members of the public.