WILMINGTON, Del. - The American Civil Liberties Union of Delaware and Andres de Cos LLC have filed a federal complaint against Attorney General Kathy Jennings and the City of Wilmington, contesting the constitutionality of the State of Delaware's solicitation and loitering statutes and the City of Wilmington's loitering ordinance. The complaint, brought forward by plaintiffs Food Not Bombs, Madison Daley, and George Jones asserts that these statutes unfairly penalize individuals occupying public spaces and harm people in need.
The ACLU said Food Not Bombs has helped organize weekly protests in Wilmington to raise awareness about poverty since 2018. Free meals are provided for those who attend and the gatherings foster a space for public dialogue about issues impacting the community.
"The City of Wilmington and State of Delaware have weaponized soliciting and loitering statutes to deter Food Not Bombs' efforts," the ACLU said in a statement. The statement continued to criticize the city and state along with others nationwide that have anti-soliciting, loitering, and panhandling statutes to criminalize homelessness and poverty under the guise of maintaining law and order.
"Allowing police the power to decide when to punish individuals for innocent behavior and effectively decide who may or may not loiter or solicit contributions prevents people in need from exercising their First Amendment right to ask for help, and those who care for them from exercising their right to peaceably assembly," said Andres Gutierrez de Cos, cooperating counsel with the ACLU of Delaware.
Earlier this year, a proposal in Dover to expand the city's loitering ordinance from parks to the entire city received support from business owners but was criticized by those experiencing homelessness who also couldn't afford to pay the fines. The proposal was withdrawn.
Another anti-loitering ordinance in Millville received attention this winter, too. Mayor Ronal Belinko said the ordinance would deter people from vandalizing Evans Park and that it was not intended to single anyone out, though critics shared similar concerns regarding the homeless having nowhere to go.
"By criminalizing innocent behaviors, the State of Delaware and City of Wilmington are choosing to perpetuate cycles of poverty rather than investing in approaches that prioritize dignity and respect and lead to the best outcomes for entire communities," said Dwayne Bensing, legal director at the ACLU of Delaware.
CoastTV News reached out to the Attorney General's office which declined to comment at this time, saying officials are reviewing the filing.
UPDATE: As of Oct. 4, the ACLU of Delaware has amended its federal complaint against Attorney General Kathy Jennings and the City of Wilmington. Plaintiffs now also include Delaware Continuum of Care, Friendship House and the NAACP Delaware State Conference of Branches. The ACLU told CoastTV News that, in addition to the First Amendment challenges initially brought by Wilmington Food Not Bombs, the amended complaint alleges that state and city laws regarding solicitation and loitering criminalize homelessness and disproportionately impact people of color.