DOVER, DE- The Attorney General of Delaware announced Wednesday that the state has stopped enforcing loitering and soliciting laws. This comes after a legal battle in which the statutes were argued to violate people's First and Fourth Amendment rights.
In 2023, the American Civil Liberties Union of Delaware (ACLU-DE) filed a lawsuit, arguing that the state's loitering and soliciting laws were unconstitutional. As a result, the attorney general announced yesterday that local law enforcement should immediately stop enforcing these statutes.
Dover City Councilman Brian Lewis expressed concern about the decision, criticizing the attorney general for not upholding the state’s statutes.
"These are state laws, state statutes. By her not wanting to prosecute them, I personally feel like she's circumventing the law. The law is in black and white."
Meanwhile, some local residents view the suspension differently.
Shawn A., a Dover resident, said she believes everyone deserves to be treated fairly and shouldn't be punished unless they are causing harm.
"When I see them, if I'm able to, I do help. You can't be mad if people aren't going to be punished. I mean, what are they doing? Are they harming people? If they aren't harming people, they shouldn't be punished."
Dover Police Chief Thomas Johnson acknowledged the issue's complexity, emphasizing the need for alternative solutions.
"We can't fill the cellblock with loiterers. There needs to be an alternative solution to the problem. We will participate in the solution."
The Attorney General announced that new legislation amending the loitering and soliciting statutes will be introduced next year. The proposed changes are expected to include opportunities for individuals previously convicted under these laws to have their records expunged.
For now, law enforcement agencies across the state await further direction on proceeding.
