Police in Delaware should no longer be enforcing the state’s loitering and solicitation laws in public areas, per an agreement between the Delaware Department of Justice and the American Civil Liberties Union of Delaware issued on Wednesday.
The directive, sent to all law enforcement in the state, stems from a 2023 lawsuit brought by the ACLU that challenged the constitutionality of Delaware’s loitering and solicitation statutes. The suit was brought against Attorney General Kathy Jennings and the city of Wilmington.
Among other things, the ACLU argued the statutes unconstitutionally penalize people for occupying public spaces and criminalize homelessness.
In a letter sent to the ACLU last week, Jennings did not go as far as to call the laws unconstitutional. However, she said “in light of constitutional concerns,” the state Justice Department “will not be enforcing either statute against any Delawarean until the Delaware General Assembly acts to amend these statutes.”
“The Chief Deputy Attorney General will direct all prosecutors to cease enforcement of these statutes,” the letter said.