AG Jennings Talks Updated Loitering Bill, Sparks Pushback from Lawmakers

February 13, 2026

Maggie Reynolds, Spotlight Delaware

Why Should Delaware Care?

Charging individuals with loitering and solicitation violations has been a hot button topic across Delaware in recent years. When Attorney General Kathy Jennings mentioned at her department’s Joint Finance Committee hearing an updated loitering and solicitation bill that her office has written, a number of legislators took issue with the fact that they had not been informed of the proposed legislation.

As municipalities across Delaware grapple with the impacts of homelessness and panhandling, a revelation by Attorney General Kathy Jennings that her office has drafted a bill to help address the issue prompted questions and confusion from a number of lawmakers on Wednesday.

During the Department of Justice’s budget presentation before the General Assembly’s Joint Finance Committee (JFC), Jennings said her office had drafted a bill to curb loitering and solicitation – two issues often intertwined with addressing homelessness. She also said she had shared this draft bill with members of leadership in the House and Senate. 

The move sparked surprise from a number of members of the JFC, who said they had not been included on any communications about the bill, but have been concerned about similar issues in their own districts. 

“I have never heard of it,” State Sen. Laura Sturgeon (D-Brandywine Hundred West) said in response to the draft bill. “I had no idea you all had a bill written that addresses this problem.” 

The updated loitering and solicitation bill, which would prohibit individuals from impeding pedestrian and car traffic, comes after years of controversy surrounding anti-panhandling and anti-solicitation laws in the state.

“I’ll make sure you get it,” Jennings said to the 12 lawmakers on the committee, which is tasked with rewriting the governor’s recommended budget and preparing a proposal for the General Assembly to consider in the spring.

Each department head discusses their budget proposal with the panel every February, but the hearings frequently veer into other questions around policy and current events.

Members of the JFC said on Wednesday they have heard repeated concerns from constituents about loitering and panhandling, and that the issues are top of mind for many Delawareans. 

At the same time, municipalities across the state have been exploring in recent months whether they can pass an anti-loitering ordinance that would comply with the First Amendment.

The Dover City Council, for example, has divided into factions and is weighing threats of a legal challenge over a proposed ordinance that would prohibit people from stopping and standing on street medians. The city government is set to vote on the measure later this month.

Controversy over these laws at the state level began in mid-2023, when the ACLU of Delaware sued the state and the city of Wilmington over their anti-loitering and anti-solicitation laws, saying the laws violated the First Amendment. That case was settled in early 2024, when Jennings told the state and all its municipalities not to enforce any anti-loitering and anti-solicitation laws they had on the books. 

Since then, her department has reportedly encouraged municipalities to rely on other nuisance-related offenses for individuals who are caught loitering, such as trespassing and disorderly conduct. 

Passing an updated loitering and solicitation law that does not raise constitutional concerns is one step in the process of solving these quality of life issues, Jennings said. But factors such as addiction, mental health struggles, and a lack of housing are other parts of the problem that must be addressed.  

“I don’t think it’s going to solve all the problems of homelessness and people being nuisances and sitting on peoples’ porches and sleeping there,” Jennings told the JFC. “I understand that.” 

While members of the JFC expressed dismay on Wednesday that they had not been informed about the drafted bill, members of House and Senate leadership — who Jennings said had been told about the proposal — did not have a concrete response to the legislation. 

Senate Majority Leader Bryan Townsend (D-Newark/Glasgow) wrote in a message to Spotlight Delaware that “Yes, the law needs to be rewritten,” while keeping in mind that more supportive housing, drug treatment options, and other efforts are needed to fully address the issues facing communities. 

Townsend did not, however, comment specifically on Jennings’ draft bill.

Members of House leadership did not respond to Spotlight Delaware’s request for comment. 

See Spotlight Delaware for the remainder of the article.