DOVER, Del.- Dover City Council has been looking for ways to combat loitering and panhandling for more than a decade. Now, a newly proposed ordinance could change the way loitering laws are enforced in town.
Although the proposal draws directly from the statewide loitering code, the American Civil Liberties Union (ACLU) of Delaware is urging Dover council members to vote against it.
ACLU of Delaware Policy and Advocacy Director, Javonne Rich, said the proposed ordinance is simply "bad policy." She believes the new loitering code would give law enforcement too much power.
Dover's current loitering laws only apply to city parks, but the issue reaches far beyond the playgrounds in town.
Councilman Ralph Taylor said a more broad approach is long overdue, especially with downtown revitalization in mind.
"If we have businesses downtown that are on life support, and some of them are, but customers won't come because of them being approached by people when they do not want to be approached that is not a sustainable model," said Taylor. "We have to make these necessary changes."
The new ordinance would allow law enforcement to impose fines for loitering rather than make arrests that create permanent records.
Councilman Taylor believes "a fine is much better than a full custody arrest."
Taylor considers Dover's younger population when discussing the proposal.
"Just look at the young population we have here with Delaware State University," he said. "One bad decision is going to cost you for the rest of your natural life? We can do better than that."
ACLU of Delaware recently sent a letter to city council outlining their concerns about the change.
Rich said certain language in the proposal may be unconstitutional.
"As written this ordinance raises constitutional concerns as it provides opportunities for law enforcement officers to harass and confront people without homes," she said. "Also there are elements to the ordinance that attempt to impede on people who are engaging in lawful protest."
Rich said some alternatives to anti-loitering laws include more housing assistance and mental health counseling for those in need.
The proposed ordinance is currently in the committee phase. Dover Police Chief, Thomas Johnson, said he supports it.
