Dover City Council spent the majority of its latest meeting discussing the ordinance, which would make it unlawful any type of loitering to occur on busy highway medians within city limits.
Opponents argue this proposal would forbid the homeless population from panhandling in the busiest areas and will disproportionately affect the homeless population in a negative way.
Supporters counter that the ordinance actually protects the safety of those standing on medians, noting the median is a dangerous place to stand on a busy highway.
Council President Fred Neil says this issue isn’t just a city concern.
“I basically will vote for this because I believe that life is worth saving. And, we need to take care of them, but the entire burden should not fall on the City of Dover because a lot more people will be coming down for that purpose. It is a state problem.” he said.
In 2024, Delaware Attorney General Kathy Jennings told municipalities not to enforce anti-loitering and anti-panhandling laws after the ACLU of Delaware sued Wilmington over its law. Jennings and state lawmakers are working on state legislation addressing the issue.
At-large Councilman Andre Boggerty.
“We should let the state finish the work, so that we can focus on other issues. Because, again, you heard the solicitor's position: we can sign it in blood, and they can erase it tomorrow.” he said.
Council will now wait for a Committee of the Whole revision of the ordinance.
Council is also inviting AG Jennings to attend a council meeting to advise the council on the enforceability of the ordinance.
