DELAWARE- Delaware will no longer enforce its loitering and soliciting laws after the Attorney General responded to a lawsuit claiming the laws unfairly target homeless individuals and violate constitutional rights.
The two laws, the state's loitering statute (11 Del. C. § 1321) and solicitation statute (21 Del. C. § 4147), were challenged by the American Civil Liberties Union of Delaware.
ACLU-DE filed the suit in July 2023, claiming the statutes violated multiple constitutional rights, including freedom of speech, assembly and protection from unreasonable searches.
In response, Delaware Attorney General Kathy Jennings announced that Delaware law enforcement agencies have been instructed to stop using these statutes for any law enforcement actions, including stops, searches, and arrests.
Jennings has also pledged to amend the laws to address constitutional issues.
"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.
The plaintiffs in the case include Wilmington Food Not Bombs, Delaware Continuum of Care, Friendship House, and the NAACP Delaware State Conference.
Jennings has stated that new legislation to amend the statutes will be introduced in the next session of the General Assembly. She also promised that individuals previously convicted under these statutes will have opportunities to seek expungement.
The halt on enforcement takes effect immediately.