DOVER, Del.- In a meeting Monday night, council decided to send the city's proposed loitering ordinance back to the safety advisory and transportation committee phase.
The ordinance mirrors the state code, but would allow Dover police to impose fines for loitering rather than make arrests.
The proposal received backlash from the American Civil Liberties Union Delaware and the NAACP of Delaware. ACLU Delaware recently sent a letter to Dover City Council threatening to sue if the ordinance is passed and members of both organizations attended the council meeting.
ACLU Delaware executive director, Mike Brickner, said the ordinance is unconstitutional on both the state and local level and that it does not address the underlying issues causing loitering and panhandling.
"This proposed loitering ordinance would essentially criminalize the very existence of homeless people in downtown Dover" said Brickner. "If they do pursue this ordinance it could be subject to costly and lengthy litigation that I think everyone in this situation wants to avoid."
Councilmen David Anderson and Ralph Taylor Jr. sponsored the proposal and both spent time attempting to clarify it's implications in the meeting.
Anderson believes the ACLU is mistaken. "They don't put a priority on our quality of life, their agenda is a different agenda than mine which is for the law-abiding citizens," he said. "Almost all the people who are in opposition to this ordinance are people who are not from Dover."
Several council members agreed the ordinance is needed but would benefit from a more thorough vetting process with input from ACLU Delaware and NAACP.
The safety advisory and transportation committee will meet Jan. 24 at 6 p.m. in Dover City Hall.