Proposed Dover loitering ordinance stirs controversy

December 12, 2022

Han Cechini,

DOVER, Del. – Monday night, Dover City Council is considering changes to its loitering ordinance. The issue at hand: should the legislation be expanded from parks to the entire municipality? Police say doing so will help violators avoid higher penalties. However, others are worried the change could unfairly impact homeless people.

“One more tool in the toolbox”

Dover Police Chief Johnson says currently, police officers are left with limited options when it comes to enforcing loitering codes.

“Right now, the statute only applies to the parks. So, the officers, if they need to take an enforcement action, are pretty much compelled to use the state statute,” said Chief Johnson. “A local ordinance charge, which is like the equivalent of a ticket, has much less to be done. It can be handled much more quickly and efficiently.”

Chief Johnson says the change could also potentially save the violators time and money.

“I want the officer to have the option of not necessarily needing to use the state statute, which carries with it a record, a court appearance, and other consequences,” said Chief Johnson. “[The proposed ordinance] allows the officer to have one more tool in the toolbox, if you will, to try and make a situationally appropriate decision if an enforcement action is even necessary.”

Raising Concerns

However, the ACLU of Delaware is raising concerns with the proposed ordinance. Executive Director Mike Brickner says the ordinance would be unconstitutional, and could lead to law enforcement unfairly targeting homeless individuals.

“We believe that this would be a pretty flagrant violation of peoples’ constitutional rights, and it would be subject to litigation,” said Brickner. “[Homeless individuals] have a right to ask people for money, for food, for other forms of support. Courts around the country have continuously upheld that.”

Aside from calling the proposed ordinance unconstitutional, Brickner says it would not help Dover City Council nip the issues leading to homelessness at the root.

“That does nothing to really address the underlying issues that are happening to make the person homeless, and why they’re experiencing the issues that they’re experiencing,” said Brickner. “They would be much better off focusing on things that really address those social services, that help lift people up and prevent people from becoming homeless in the first place.”

The ACLU of Delaware sent a letter to Dover City Council warning them of these concerns. If the ordinance is adopted, Brickner says legal action is not off the table. The proposed ordinance is nothing more than an effort to criminalize homelessness, says Brickner.

“We believe that homeless folks that are just out there existing in the public have a right to exist, have a right to be seen, have a right to sit on a park bench or stand in front of a shop window,” said Brickner. “Police have plenty of tools in their toolboxes to address those kinds of issues. But really, the crime of loitering is levied against homeless people simply for the crime of being in existence.”

Finding Other Solutions

Chief Johnson disputes the ACLU of Delaware’s claims. He says the ordinance is not designed to target any specific population. Rather, it serves as an administrative adjustment, says the Chief.

“Our approach is to always find the best practices answer for any given situation. We have all kinds of alternative programs and alternative solutions available for homeless individuals,” said Chief Johnson. “When I hear conversations about worries that police will harass people, or hurt an at-risk population, that’s 100% against our value system. To be quite candid, whether it’s the ordinance or the state law, that’s our last option. That’s not our primary strategy.”

Dover Police Department is already making strides to help marginalized communities, rather than hurt them, says Chief Johnson.

“We had 285 calls for service related to loitering so far this year in Dover, year to date. 270 of them were handled without an enforcement action,” said Chief Johnson. “I think that’s a pretty informative number as to what our intentions are, what our approach is, and the results that the community can continue to expect, should Council follow through.”

Chief Johnson acknowledges that public trust in law enforcement is broken. However, by shifting to a more community-focused policing model, the Chief says that relationship could be repaired.

“I understand that, historically, policing has a few things we’ve had to account for. There’s no running away from that,” said Chief Johnson. “However, in current circumstances I think there’s a reason to be optimistic and confident, that with 21^st century best practices, law enforcement will start delivering the services that people expect.”

Looking Ahead

Monday’s reading of the ordinance will the first. Dover City Council’s meeting starts at 6:30. Those interested in attending virtually can do so by clicking here.