Editor’s note: This letter was also sent to members of Dover City Council.
I am writing in connection to the proposed anti-dawdling ordinance introduced at the Oct. 26 City Council meeting. Although several concerns have been identified, one grave concern is that this ordinance could be arbitrarily enforced on poor communities and communities of color.
A U.S. Supreme Court ruling established that the 14th Amendment protects people’s right to move about from one spot to another in a public space. An anti-dawdling ordinance would infringe on this right and would penalize conduct that’s directly correlated to poor and dislodged people in a majority Black/African American city — subjecting them to increased police oversight. Moreover, research shows that overly broad vagrancy and loitering laws have led to increased ticketing, fines and arrests within vulnerable populations.
NAACP has challenged this type of ordinance in other municipalities, such as New York and Chicago, due to concerns of constitutionality. In this matter, we do not believe that the proposed ordinance will be effective at resolving the public safety issue it seemingly means to address. We do believe, however, that public safety should be something that a community creates together, ensuring that every member of it is respected and protected. Therefore, we respectfully request that Dover City Council reject the proposed ordinance and commit to a collaborative, community-led approach that will help community members better understand the problems faced and allow them to share related knowledge and ideas. Through this approach, we will be better positioned to redefine and reimagine public safety in a way that incorporates the expertise of those directly impacted by the issues we seek to address and to help strengthen solidarity and accountability among residents.
We must radically shift from harm-based legislation and discriminatory reforms to public safety strategies that prioritize harm reduction and the needs of people. I often say that officials have the position, but the people have the power. We, the people, look forward to a near-future opportunity to discuss ways in which we can utilize our power to help champion solutions that will move us all forward.
Fleur McKendell
President, Central Delaware NAACP
