Dover City Council is considering an ordinance that would amend city traffic rules to target panhandlers on busy streets.
The ordinance would institute a fine on panhandlers on busy streets and those who give to them.
Those backing the measure say they don’t oppose panhandling as a whole but instead want to create an environment where it’s done safely.
At-large councilman Andre Boggerty
“Can you imagine an innocent driver, who’s just going somewhere and hits somebody and now you have to live with that? Even though you probably won’t be charged, there’s a mental, emotional connectivity to that moment that can ruin both lives.” he said.
Fourth District Councilman David Anderson said the state already has rules around political signs, which were given restrictions from being placed on public right of way on the basis that they caused a distraction to drivers and create a safety concern for those out placing them. He argues that panhandlers who hold signs on medians and islands are creating the exact same distraction.
Opponents argue it might infringe on First Amendment rights and is redundant to state law on the issue, arguing that simply holding a sign on public property is something citizens have a constitutional right to do.
Second District Councilman Brian Lewis questioned Police Chief Thomas Johnson, Jr.
“Delaware law already governs pedestrian conduct. Why can’t the Dover Police Department continue enforcing these existing state statutes instead of adding a new city ordinance that risks overlapping or conflicting enforcement? ” he said.
Public comment raised concerns about homeless conduct on busy streets, with many noting the broader issue won’t be solved with this one ordinance.
Activist groups, like the H.O.M.E.S Campaign, argue the ordinance will expose the city to lawsuits due to First Amendment right infringement.
The ordinance was returned to committee for further review.
