DOVER, DE- A long-discussed and controversial pedestrian safety ordinance in Dover has passed another hurdle and is one step closer to adoption. The ordinance, which would restrict standing in medians or approaching vehicles at intersections and impose fines, cleared a Dover committee Tuesday in a 7–3 vote.
Since its introduction in October 2025, the proposed ordinance, which fines first-time violators with a warning, second-time offenders $15, and third-time offenders $50 within 12 months, has divided the city.
Supporters say it is needed for both pedestrian and driver safety, citing people standing in busy intersection medians as a growing problem. Opponents argue that imposing fines on those already struggling is unfair and say the ordinance is unconstitutional, infringing on people's rights and free speech.
The measure, originally scheduled for a second and final reading in January, was sent back to the committee for review and returned this past Tuesday after technical wording was clarified and amendments were added.
Dover Councilman Dave Anderson, the ordinance's sponsor, says the revisions strengthen the measure.
"What we've done with the amendments, it's gone back and forth, and has been referred back to the committee for consideration of some technical amendments to make it even stronger legally."
The updates include wording changes and the removal of a previous section of the ordinance, formerly known as Section H.
Section H was originally included to designate safe areas for people standing in medians, but council leaders decided to remove it from the updated ordinance, saying existing policies already address these efforts and the section could distract from pedestrian safety.
The updates also added a severability clause, ensuring the rest of the law would remain in effect if any part is challenged in court, and clarified that the ordinance does not apply to sidewalks, private property, or medians wider than seven feet.
Anderson says these changes make the ordinance legally stronger and better positioned to protect pedestrians.
"It's clear, it's precise, it's easy to explain to someone what they can and can't do."
However, opponents say the changes still don't make the ordinance effective.
Chelle Paul, a Dover community activist and founder of Divided We Fall, said the ordinance remains problematic.
"It's teetering on- it's a violation of constitutional rights- you can't create an ordinance if the ordinance does not have a state law to support it."
Paul also questioned how the city could enforce a median safety law when no equivalent state law currently exists.
"If you read the verbiage of the ordinance, it's lining up with the state law that actually is being held under legal scrutiny right now. If the attorney general is not going to enforce this law, why does the city think that they can create a law pattern behind the same law that the state is in court for?"
She said the proposal could also expose the city to bigger problems if it moves forward.
"This ordinance is not going to resolve the issue. It's going to create legal liability for the city, and they will get the lawsuits to back this up."
The second and final reading of the ordinance is scheduled for February 23 in Dover.