Why Should Delaware Care?
An ACLU lawsuit against Wilmington argued that restrictions imposed in 2024 on community members organizing an event were unconstitutional. The case, which recently settled, highlights concerns about how the city manages public spaces, limits community organizers, and handles free expression, particularly when it criticizes local institutions.
In the coming weeks, certain Wilmington officials will be obligated to sit through a training session about the First Amendment.
The mandate is part of a settlement Wilmington reached last fall with the American Civil Liberties Union of Delaware and with a local activist who claimed that officials violated the Constitution in the summer of 2024 when they cancelled an event planned at a city-owned park that would include criticisms of police.
In addition to holding a First Amendment training course, the city also agreed to pay $11,500 to the ACLU and to the activist, Haneef Salaam.
Those parties filed their lawsuit in December 2024, months after Wilmington officials had shut down an event organized by Salaam after police raised concerns about its theme, which called for “accountability, credibility, and transparency” from local law enforcement.
A thread of emails later obtained by Spotlight Delaware through an open records request showed that Wilmington Police began monitoring and expressing concern about the “Justice For All” event four days before it was scheduled for the Urban Artist Exchange, a city-owned outdoor music venue.
In one instance, a local detective from the city’s Real Time Crime Center sent an email to other officials to note that family members of Jeremy McDole, who was killed by Wilmington Police in 2015, and Lymond Moses, who was shot and killed by New Castle County Police in 2021, would be in attendance at the event.
The detective also made it known that the event was being circulated by what she called “pro-Palestine” groups and that the event holders did not have a city permit.
In the subsequent lawsuit, the ACLU argued that the emails demonstrated the city’s actions were based on Salaam’s content, thus violating his free speech.
In a written statement sent after the settlement of the lawsuit, ACLU staff attorney Jared Silberglied said “the matter resolved amicably.”
Both the ACLU and Salaam said they are unable to comment on the details of the lawsuit due to a confidentiality clause in the settlement agreement.
Wilmington officials did not respond to a request to comment for this story.
The parties signed the settlement agreement in October, and the case was dismissed the following month.
The named defendants in the lawsuit were the City of Wilmington; Police Chief Wilfredo Campos; the nonprofit CityFest; Tina Betz, the director of the city’s Office of Cultural Affairs; and Lattisha “Tish” Williams, an assistant in Betz’s office.
‘Positive Vibes‘ nixed
In earlier 2024, Salaam collaborated with the city to host a monthly event series called “Positive Vibes in the Park,” as a part of programming put on by CityFest — a nonprofit organization staffed by the city and the Mayor’s Office of Cultural Affairs.
The events, which featured food, music, and local performers, were set to take place between March and September of that year.
For the August event, Salaam promoted a gathering with the headline “Justice For All,” and planned to feature speakers who had been affected by police brutality, including Lakeisha Nix, sister of Lymond Moses, and Keandra McDole, sister of Jeremy McDole.
Salaam also invited members of Families United, a nationwide organization that supports Black families facing injustice. Through that effort came Bianca Austin — aunt of Breonna Taylor, who police killed in Kentucky in 2020 – and Jacob Blake Sr., father of Jacob Blake, who was shot and paralyzed by police in Wisconsin in 2020.
The emails obtained by Spotlight Delaware show that after flagging the event police monitored its organizing, ultimately classifying it as a “rally.” Then, they brought it to the attention of the Mayor’s Office of Cultural Affairs.
In one email, Williams, an assistant in the Office of Cultural Affairs, wrote that she initially believed the event would be a regular installment in the series, but said she felt “uneasy” after seeing its promotion. In subsequent text conversations with her, Salaam insisted that it was not a rally, but Williams indicated she planned to shut it down.
Salaam previously told Spotlight Delaware he had been planning the event for six weeks and said Williams had prior knowledge of it. He also said he had been notified just two days before the event that it could not take place on city property due to concerns raised by police.
The following morning, Williams told Salaam he could still hold the event at the venue if he agreed to certain restrictions — including no signs, chants, speeches, or certain language in promotional materials.
Salaam declined and instead held the event at the Route 9 Library and Innovation Center outside city limits.
One of the final emails shows police were prepared to contact Salaam directly to shut down the event if necessary.
In a written statement to Spotlight Delaware in November of 2024, the Office of Cultural Affairs said the “Justice in the Park” event was inconsistent with its agreement with Salaam, which it said was intended to focus on arts and entertainment. Officials said they learned of the event only days earlier through social media and argued that the city venue had never been used for public protests.
City denies wrongdoing
The ACLU subsequently argued in the federal lawsuit that the content-based restrictions imposed on Salaam’s police accountability event were unconstitutional.
The suit asked the court to prohibit the city from enforcing content-based conditions on Salaam’s use of the Urban Artists Exchange and other public spaces in the city. It also asked the city to make a declaration stating that its restrictions on the event were unconstitutional.
But the agreement, signed by Salaam and the city in October, says both parties settled in order to avoid further litigation. It states that the city denies wrongdoing in the case.
Going forward, the city is required to hold a training session for city employees within the Mayor’s Office of Cultural Affairs and City Fest in a public space, and within four months of the October settlement agreement.
City officials have not indicated whether Wilmington Police would be involved in the training session.