DEWEY BEACH, Del. - The ACLU of Delaware filed a lawsuit in the Superior Court of New Castle County on Thursday accusing the Town of Dewey Beach of unlawfully denying access to body worn camera footage from six police officers.
The civil liberties group said it requested the footage under Delaware’s Freedom of Information Act after receiving a report that a group of young people may have faced discrimination because of their race during the summer of 2025.
On March 16, the Dewey Beach Police Department said in a statement that it is aware of media reports and public statements indicating a lawsuit may have been filed in Delaware Superior Court related to the Oct. 22, 2025 FOIA request.
Police said the department received the request and responded within the timeframe required under Delaware law. However, the department said it has not received formal notice of a lawsuit or been served legal documents related to the matter and therefore cannot comment on the specifics of the reported litigation.
“The Dewey Beach Police Department remains committed to transparency and compliance with Delaware’s FOIA requirements. If and when the department is formally notified of any legal action, it will review the matter with legal counsel and respond through the appropriate legal process,” the department said.
The ACLU said none of the people involved were charged with a crime and there appeared to be no active investigation connected to their conduct. The town denied the request, stating the footage was exempt under provisions covering investigatory files, criminal records and common or statutory law.
“One of the key reasons Delaware mandated that law enforcement officers wear body worn cameras is to provide greater transparency and accountability to the public,” said ACLU-DE Civic Engagement Counsel Andrew Bernstein.
In the denial letter, Dewey Beach cited the investigatory file exemption. However, the ACLU argues that the town provided no indication that the body worn camera footage was gathered following any allegation or report of a criminal or civil law enforcement investigation.
The town also referenced a criminal records exemption, which applies when releasing records would invade personal privacy. The lawsuit argues Dewey Beach did not explain how releasing the footage would violate anyone’s privacy.
Dewey Beach also cited common or statutory law exemptions tied to statutes that protect criminal record history and criminal justice information from release. The group claims the town did not provide a clear explanation for how the body camera recordings would fall under those protections.
“We do not live in a society with secret police, so merely being able to identify who the law enforcement officers are cannot be a reason to deny access to this footage,” Bernstein said.
The case now moves to Superior Court in New Castle County, where a judge will determine whether the town must release the requested footage.
