Why Should Delaware Care?
As homelessness continues to rise, government officials are grappling with how best to respond. Most recently, Delaware lawmakers introduced a bill that would grant people experiencing homelessness the right to occupy public spaces, so long as they are not violating a law or neutral local rule that applies to everyone.
A controversial bill that would prevent Delaware police from arresting or fining homeless people for sleeping in tents or parked cars, or otherwise lingering in public places, sparked quiet pushback from Gov. Matt Meyer’s office on Monday – a day before lawmakers openly debated the bill.
In an email sent to the bill’s sponsor, Rep. Sophie Phillips (D-Newark), Meyer’s policy director John Kane asked for the legislation, called House Bill 135, to be held until his concerns could be addressed.
Those included what Kane described as “property rights concerns,” the potential for lawsuits against cities, and the possibility of jeopardizing federal housing dollars.
“We will not speak out against the bill at your hearing, however, we respectfully request the bill not move until such time as these concerns can be addressed,” Kane said in the April 20 email obtained by Spotlight Delaware.
In response to the email, Phillips said she is drafting an amendment that would address “a number of these concerns.”
HB 135, which Phillips first introduced in May, would explicitly allow homeless people to carry out “life-sustaining activities” in public spaces – such as sitting, standing, or sleeping in their car, as long as they are not blocking pedestrians, car traffic, businesses, or creating a safety hazard.
Officials may “enforce reasonable time restrictions on public spaces,” the bill states, as long as they apply to “all individuals in the same manner and are not disproportionately enforced against individuals experiencing homelessness.”
Local officials can only compel individuals to move from public places under the legislation if they can find them available shelter space.
And if localities do not follow the law, the bill removes their legal immunity from lawsuits.
Asked on Wednesday whether he would sign the bill, Meyer told Spotlight Delaware that he has not committed to a decision yet.
“Our focus is making sure that there are comprehensive systems to keep the public safe and to give vulnerable populations a shot. In terms of the specifics of the bill. We’re still looking at it,” Meyer said during a Wednesday press conference.
A day after Kane sent the letter, the bill drew additional pushback from Republicans in the House of Representatives who argued during a committee hearing that it could leave cities and towns vulnerable to costly civil lawsuits.
House Minority Whip Jeff Spiegelman (R-Clayton) characterized the bill as a mandate to municipalities of “you will do this, or else.”
“A lot of municipalities that we work with, especially smaller ones that are perhaps downstate, can’t afford a civil rights lawsuit,” Spiegelman said.
HB 135 is a rare piece of legislation because it removes sovereign immunity, meaning state and local governments can be sued for violating the law.
If approved, the Attorney General would also have the authority to take civil actions against any local government that violates it.
In response to arguments that it could spark costly lawsuits, Rep. Mara Gorman (D-Newark), a co-sponsor of the bill, argued that municipalities are smart enough to make their own rules and said it would be difficult for someone who is homeless to file a lawsuit.
“The people that this is impacting are disadvantaged in a lot of ways. For them to file a lawsuit … is not like the easiest thing in the world to do,” she said.
In addition to Spiegelman, Rep. Valerie Jones Giltner (R-Georgetown) also spoke in opposition to the bill, expressing concerns that it could hurt commercial districts. She said it would mean local governments would be reluctant to enforce certain rules, or instead have to overenforce others to show strict compliance.
“If I was my police chief, how am I going to tell my people to determine whether it’s a homeless person that’s in an RV, or if it’s somebody that’s a snowbird,” Jones Giltner said.
In response, Phillips said that the point of the bill is to ensure that police do not treat homeless people differently from others.
“It doesn’t matter who it is, if you’re going to it based on if they’re homeless or not, that’s discrimination against them simply because they’re homeless,” Phillips said.
Rep. Madinah Wilson-Anton (D-Bear) also voiced her support during the meeting, arguing society should avoid judging people based on how they look.
“It’s easy when you have housing to judge people who don’t … But until you’re actually in that situation, you really have no idea,” she said.
Advocacy groups speak out
In addition to the lawmakers, more than 30 members of the public also spoke during the committee hearing.
Most were representatives of interested groups, including the Delaware Housing Alliance, the American Civil Liberties Union, the Delaware Association of Chiefs of Police, and the Delaware Association of Realtors.
Those against the bill said it would hurt commercial districts throughout the state because it would legally protect encampments that are already in parking lots and other public areas.
“This actually will accelerate the attack on small businesses,” Rob Buccini, co-founder of the politically influential Buccini/Pollin Group, said during the meeting’s public comment period.
Supporters of the bill speaking during the public comment period highlighted that the measure won’t fix the issue of homelessness. But they said it will allow local and state officials to focus resources on investing in housing and shelters, rather than on using police to move or fine those who are unhoused.
The bill “says this group of tools that we use that actually makes it harder for people experiencing homelessness to get help and be safe, we are no longer going to use them,” said Rachel Stucker, executive director of the Delaware Housing Alliance.
Still, another housing advocate – Gene Halus, the chief operating officer at the Ministry of Caring – urged the state to focus on allocating resources into housing and programs that will prevent people from staying homeless.
“I’ve had a man living outside the headquarters of the Ministry of Caring for over a year and a half in a car. When this bill passes, he’ll still be in the car. I don’t need this bill. The people I serve don’t need this bill,” he said.
A worsening crisis
Phillips said her bill is an “incentive” for the state to coordinate effective approaches to homelessness.
“Passing this bill will allow us to focus on housing as a response to homelessness, which is the true reason why we have homelessness in our state, not arrests or fines,” she said during the meeting.
Phillips’ measure comes as the issue of homelessness continues to rise throughout Delaware.
In 2025, there were nearly 1,600 unhoused people living in Delaware – a 16% increase from the previous year, according to an annual point-in-time (PIT) count.
As a result, many municipalities are discussing ways to provide more shelter beds and to enact new anti-panhandling laws, especially after the settlement of a lawsuit in 2024 that barred police from enforcing loitering statutes on the books at that time.
Most recently, the Dover City Council rejected a measure that would have restricted panhandling in the city. Meanwhile, the Wilmington City Council is reworking its own loitering bill after a backlash from community members and the ACLU.
In addition, Attorney General Kathy Jennings’ office drafted a new bill that would prohibit loitering that legislators could introduce. The bill does not appear to have been filed yet.
Beyond allowing homeless people to sleep or stand in public, Phillips’ bill would also require that personal belongings kept in public spaces receive the same legal protections as property kept inside a private home – including safeguards against unreasonable searches and seizures.
The bill was amended before the committee meeting to create more definitive language on what constitutes public property; widen rules around the type of shelter that must be secured for a homeless individual; and remove a provision that would have provided an affirmative defense or a legal shield for homeless people who are subject to a violation of the measure.
As of Wednesday afternoon, the bill had not yet been signed out of committee.
Still, Phillips expects the bill to proceed to the House floor, according to Jenevieve Worley, spokeswoman for the House Democrats.
