DELAWARE - Delaware Attorney General Kathy Jennings has announced that Delaware will no longer be prosecuting or enforcing two statutes initially aimed at cracking down on loitering and soliciting in the First State.
The announcement comes more than a year after the ACLU filed a lawsuit in July 2023 against Jennings and the City of Wilmington, arguing that Delaware’s Loitering Statute (11 Del. C. § 1321) and Solicitation Statute (21 Del. C. § 4147) were used to unconstitutionally punish people occupying public spaces and to criminalize homelessness.
In a letter to the Legal Director of the ACLU, Jennings says she will no longer be enforcing either statute against any Delawarean until they are amended by the Delaware General Assembly. Jennings also says all prosecutors in Delaware will be directed to stop enforcing the two laws.
The letter will also be sent to all Delaware law enforcement agencies with instructions to cease any stop, search, or arrest made under the two statutes.
ACLU-DE says the lawsuit against the DOJ and Wilmington was filed after advocacy group Wilmington Food Not Bombs claimed organizers and participants had been targeted by law enforcement, violating their First and Fourth Amendment rights. The complaint also argued the language of the loitering and solicitation were unconstitutionally vague and disproportionately impacted people of color.
"As the number of people in Delaware who are unhoused continues to increase every year, the options for where these folks can go to feel safe and welcome are declining,” states Kim Eppehimer, executive director and CEO of Friendship House, a plaintiff in the lawsuit. “The Attorney General’s commitment to amending these discriminatory laws is a vital step forward to letting all Delawareans know they matter and belong, regardless of their current housing situation."
In her letter, Jennings says she plans to introduce legislation to amend the statutes to ensure they are aligned with constitutional protections. Jennings says the new legislation will also include opportunities for those previously convicted for violating the two statutes to have those convictions expunged.
The ACLU’s full complaint can be found on their website.
