I am writing regarding the ordinance that Dover City Councilman David Anderson is proposing, 2025-21, which will affect those less fortunate standing in medians.
This ordinance claims to be about traffic safety, but in reality, it would criminalize poverty and waste taxpayer money. It makes no sense to have police issue fines to people who can’t afford them — it doesn’t solve the problem and takes officers’ valuable time away from real public safety concerns and crime.
I can’t help but criticize Councilman Anderson’s purported goal of safety because, following his argument, the city would also have to ban preaching faith; soliciting donations for the fire department or youth sports teams; holding advertisements for a car wash; or asking for directions. Instead, the proposal would target a specific type of group.
Further, punishing compassion by ticketing those who help is simply wrong. This ordinance would authorize police officers to issue tickets to those who help the less fortunate in the medians, either by giving bottles of water, food, sleeping bags or money.
Council President Fred Neil and other members have acknowledged that homelessness is a growing challenge in our community. But the solution is not to push people further into the margins; it’s to invest in housing, services and stability. Provide resources to assist those standing in the medians.
This ordinance would also expose Dover to legal risk. Federal courts have consistently held that peaceful requests for charity in public spaces are protected by the First Amendment (see United States v. Kokinda, 1990; and Reed v. Town of Gilbert, 2015). Also, the 1st U.S. Circuit Court of Appeals struck down a panhandling ordinance in Cutting v. City of Portland.
Many cities have faced lawsuits and repealed similar ordinances. If this proposal is passed and takes effect, it will no doubt be challenged in federal court and use local taxpayer dollars for the city’s legal expenses and representation. The mayor has already stated publicly that he would favor a court challenge, but he failed to state how much it would cost residents.
Tyron Scott
Dover
Reader reactions, pro or con, are welcomed at civiltalk@iniusa.org.
