Editor's note: The following was also sent to Dover City Council members Nov. 6.
Hello, council members! Constituents are asking that, as council considers the proposed ordinance addressing pedestrian and traffic safety, it carefully reviews the policy's legal and practical implications before any final decision is made.
The goals of public safety and community well-being are shared by everyone. However, Delaware's existing laws, particularly those under Title 21, already provide law enforcement clear authority to address unsafe pedestrian and traffic behaviors. These include statutes governing pedestrian conduct and prohibiting careless or inattentive driving. These provisions empower officers to intervene when conduct impedes or endangers traffic, helping ensure safety without duplicating state law.
Several constitutional and legal considerations also arise in the current proposal:
* Due process -- Certain terms within the ordinance, such as "strictly enforced," may be viewed as vague or open to inconsistent interpretation, creating potential risk of arbitrary enforcement.
* Equal protection -- Broad or uneven enforcement could unintentionally affect specific populations or neighborhoods more heavily, raising fairness concerns.
* Free speech -- Restrictions on standing or interacting near roads could affect activities such as leafletting, panhandling or advocacy, which are protected forms of expression in public spaces.
* Fiscal responsibility -- Redundant or unclear local laws could invite legal challenges under federal or state constitutional provisions, potentially resulting in costly litigation for taxpayers.
A balanced approach -- one grounded in existing state law, community engagement and coordinated outreach -- can address legitimate safety concerns, while respecting individual rights and conserving public resources.
Thank you for your time, leadership and commitment to ensuring that Dover's laws reflect both safety and constitutional integrity. I hope these points direct you to consult with the city solicitor to help make an informed assessment on this important matter.
Enjoy your day with purpose!