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ACLU of DE and RIverfront Development Corp. reach agreement on protests at Tubman-Garrett Park

Delaware Public Media

The ACLU of Delaware expands free speech protections in Wilmington after coming to an agreement with the Riverfront Development Corporation.

The agreement ends months of negotiations between the ACLU of Delaware and the RDC to modify policies that blocked the use of Tubman-Garrett Park for protest activities at the Riverfront.

The agreement allows anyone seeking to hold a public protest at the park to fill out an exemption request form to waive the 45-day advance notice requirement and all fees.

For events with more than 100 participants, both city and RDC permit requirements remain in place.

"We're really talking about the fundamental free speech, the expression of ideas, the constitutional right here, and so the police want to be aware of when there are circumstances that may need further protection or police awareness. And that's fine. They can do that, but it shouldn't come at the cost of citizens being able to express their first amendment right," said Dwayne Bensing, legal director for the ACLU of Delaware.

Bensing notes that RDC was cooperative and reasonable throughout the process.

"We're hopeful that the city will continue to move in the same direction that RDC has here to ensure that folks have that constitutional access to public space."

This policy change stems from local community organizers in June 2023 being told two days prior to a protest at the park that they didn’t provide proper forms, deposits, and missed the 45-day notice.

Joe brings over 20 years of experience in news and radio to Delaware Public Media and the All Things Considered host position. He joined DPM in November 2019 as a reporter and fill-in ATC host after six years as a reporter and anchor at commercial radio stations in New Castle and Sussex Counties.