Paul: Pedestrian safety questions that need answers

Pushing forward with a new ordinance without fully acknowledging or explaining these existing enforcement tools raises serious concerns and risks creating more harm than good.”

Chelle Paul of Dover is the founder of Divided We Fall of Delaware. The following was also sent to Delaware Attorney General Kathy Jennings, Dover City Councilman David Anderson and Dover Police Chief Thomas Johnson.

It is deeply concerning that Councilman David Anderson and the chief of police continue to push the pedestrian safety ordinance, while repeatedly avoiding direct questions from seated City Council members and constituents about existing, enforceable state laws under titles 11 and 21 of the Delaware Code. These laws already give law enforcement clear authority to address the very safety, traffic and public order issues being used to justify this proposal.

It is equally troubling that the attorney general’s office has not been asked to appear to answer these questions, which the chief and the city solicitor have continued to sidestep, instead of providing clear, straightforward answers to the public.

Constituents are formally requesting that the attorney general or a representative from her office come before council to answer these questions directly, before this ordinance moves forward in any form.

As we enter 2026, both local government and community advocates have a responsibility to do the work the right way. That means making decisions based on what the law already allows, being honest about enforcement authority and not rushing forward with legislation before all facts are clearly laid out for the public.

It is already known and should not be misrepresented that our police department does not need local permission or a new ordinance to enforce state law. Yet the chief of police and Councilman Anderson have continued to suggest otherwise when it comes to median safety, unsafe pedestrian behavior, obstruction of traffic and public intoxication — issues we are actively dealing with in this city.

Delaware law already provides clear tools for enforcement, including:

Title 11 (criminal law)

• 11 Del. C. §1301 prohibits obstructing traffic and creating unsafe conditions in public spaces.
• 11 Del. C. §1315 allows police to act when someone in public is intoxicated to the point of being a danger to themselves or others.
• 11 Del. C. §1322 addresses ongoing conduct that threatens public safety or interferes with the use of public roads.
• 11 Del. C. §1257 applies when someone refuses a lawful order to leave an unsafe area, such as a road or a median.

Title 21 (traffic and pedestrian safety)

• 21 Del. C. §4148 requires pedestrians crossing outside of crosswalks to yield to traffic.
• 21 Del. C. §4146 requires pedestrians to use sidewalks when available and stay as far from the road as possible when they are not.
• 21 Del. C. §4149 prohibits pedestrians from being on certain roads.
• 21 Del. C. §4103 requires obedience to traffic control signs, including “No Pedestrian” signage.
• 21 Del. C. §4176 addresses careless or inattentive driving related to road hazards.

These laws already allow police to address median safety, traffic obstruction, jaywalking and public intoxication. Pushing forward with a new ordinance without fully acknowledging or explaining these existing enforcement tools raises serious concerns and risks creating more harm than good.

We can’t continue to play the blame game and pass the buck. For these reasons, constituents are clearly and firmly requesting that no action be taken on this ordinance until the attorney general’s office appears before council to answer questions from council members and the public, and to clarify enforcement authority under current state law.

Reader reactions, pro or con, are welcomed at civiltalk@iniusa.org.