Did Wilmington retaliate after loitering statute ban?
The Rev. Patrick Burke, pastor at The Episcopal Church of Saints Andrew and Matthew in Wilmington, has been a vocal advocate for the right of the homeless. Last month, Wilmington police officers removed church benches where the unhoused often congregated. | SPOTLIGHT DELAWARE PHOTO BY BRIANNA HILL
Last month, Wilmington officials and the ACLU of Delaware settled a lawsuit over the city’s policing of homeless people – an agreement that barred local police from arresting individuals who had asked strangers for money or who had lingered in public areas.
But, in the wake of the settlement, police appear to have taken a new strategy, one that critics say is unfairly targeting society’s most vulnerable populations.
Less than an hour after the ACLU announced its deal with the city last month, police were outside the offices of a local homeless services organization, called the Friendship House, which also had been a plaintiff in the lawsuit.
Officers had been called there following reports of people doing illegal activity on sidewalk benches that sat just outside the doors of the Friendship House.
What followed was a tense exchange between police and officials of the Friendship House and of the church that owned the property.
Police asked to remove the benches, which for more than 30 years had provided respite for homeless individuals to drink coffee or wait on an open restroom at the center.
But the leaders of the organization and of the church refused.
Officers responded by threatening to shut down the Friendship House and cease its operations, according to Kim Eppehimer, executive director of the Friendship House.
Then, they left.
About an hour later, city officials returned with tools and a police escort, and promptly cut the benches from the sidewalk, trucking them away.
They placed cones over the nearly inch-long pieces of rebar that were left protruding up from the concrete on the sidewalk.
The case
The ACLU had originally filed suit in 2023 against Attorney General Kathy Jennings and the city on behalf of multiple organizations and individuals, in response to the Delaware solicitation statute, which had been deemed unconstitutional by the state’s top prosecutor in a previous opinion.
They also targeted the state’s loitering statute and the Wilmington loitering ordinance that allowed authorities to arrest people for seeking rides, employment, business, or contributions from a vehicle and for standing idly or lingering in public areas without a legitimate purpose.
Food Not Bombs, an organization that provides meals to those facing hunger and poverty in Delaware, first brought the claims forward, accusing authorities of using these laws to criminalize innocent behaviors, ultimately preventing their group from peacefully protesting to raise awareness about homelessness and stopping community members who face issues like homelessness or poverty from also protesting or existing in public spaces.
FNB was soon joined in the case by Delaware Continuum of Care, the NAACP Delaware State Conference of Branches and the Friendship House, who also believed the state’s solicitation statute allowed authorities to police homelessness.
History of SSAMS, Friendship House
The Friendship House has provided programming for those struggling with poverty and homelessness for more than 35 years. For most of that time, it has partnered with the Episcopal Church of Saints Andrew and Matthew (SSAM), which helps the organization financially and provides the space for one of its empowerment centers, which has served over 3,000 people.
Their empowerment center, located off Orange Street, does not provide housing but acts as a “home base” for those who need to charge their phones, use a computer, use the bathroom, have a drink or snack and rest temporarily.
Often unhoused people are seen around the premises, sitting on the sidewalks surrounding the church, in the church parking lot and in the empty graveyard that sits in front of the church.
The center also helps to obtain people’s birth certificates and state IDs, in addition to helping people pay court-issued fines and fees that they may not be able to afford, which Eppehimer says is a barrier toward housing and employment.
“Most importantly, it’s a place that they know they are allowed to be,” Eppehimer added.
Removal of the benches
The Rev. Burke, the rector of SSAM, said authorities showed up at the church off North Shipley Street around noon on Oct. 23, asking if the bench belonged to the church and whether they had permission to take it.
The police officers alleged that they received complaints of people sleeping and engaging in illegal activities on the benches, but would not give him any further details, Burke said. Church officials were unsure if the benches were church property, but Burke told the police that they did not have permission to take them.
“I expressed my concerns that these types of tactics — removing benches and other actions I view as harassment of individuals who are simply sitting — are used across the country to dehumanize and move people along,” Burke noted.
When the officers left the church, they were still unsure of who owned the benches, so they agreed to come back once an owner was identified and meet with church officials along with their supervisor to figure out a solution together, according to Burke.
But instead, they went to the other side of the church, on Orange Street, to speak to Friendship House officials, asking the same questions.
Before leaving the Friendship House, authorities noted that they had been getting an increased amount of complaints about people hanging outside and the activities they were engaging in, and allegedly told center staff that they would shut their center down if they continued to get complaints. They also noted that they would return to remove the bench.
Luciana Foraker, an unhoused local who stays near the church, said on that day the officers told her and other individuals sitting outside that they had to leave the premises and if they continued to sit there, they would be arrested for trespassing.
However, the objective of the settlement agreement made by the ACLU and the city was to restrict these types of actions by law enforcement.
“I would really like to believe it was not retaliation because of that policy,” Eppehimer said.
About an hour after their initial interaction with the church, police returned with a marked Wilmington Police Department truck, unfastened the two cement-anchored benches, loaded them and drove away.
They placed orange cones around the remaining rebar, which Burke said is now a safety hazard.
The police department did not respond to requests to comment on the incident and whether officers had threatened to remove the bench and shut down the shelter.
A strained relationship
Eppehimer said the center has always maintained a cordial relationship with local law enforcement, calling on them in the past to assist with individuals behaving unsafely.
Burke, however, has heard that officers feel the church isn’t doing enough to address issues like drug use and prostitution in the area. However, he believes it’s the authorities’ responsibility to manage these behaviors and feels that removing benches is not a productive response to illegal activities or the issue of homelessness.
Dwyane Bensing, legal director of the ACLU, says as of right now, there is no evidence that WPD’s actions were unlawful retaliation, but the organization is in close contact with the Friendship House about the matter.
“I think that this incident is an opportunity for the police department and the service providers to get on the same page about how we’re going to move forward with assisting our community and our neighbors,” he told Spotlight Delaware.
Bensing suspects that the officers who removed the benches were not under the direct supervision of WPD Chief Wilfredo Campos, who according to Bensing wasn’t in office until the following day. That was when he released a letter acknowledging and accepting the settlement agreement on behalf of the department.
Eppehimer and Burke are concerned about the WPD’s actions, noting that such property-focused tactics are often used by authorities in response to homelessness, ultimately worsening the situation for those affected.
“If you say that people are not allowed to sleep on a bench and they are not allowed or able to access a shelter, then we’re setting up a system that will fail,” said Eppehimer.
Local unhoused individuals pointed out the difficulty of accessing a shelter due to different barriers, including extensive waitlists due to lack of space, the inability to bring pets or stay with partners.
Courtney Pitt, a 26-year-old woman who frequents the area, says she’s been on the waiting list for New Castle County’s Hope Center for nine months.
Eppehimer also feels these tactics move unhoused people out of the way for businesses and others who don’t want to look at them, pointing to the past renovations of Rodney Square, a popular gathering spot for the city’s unhoused population, as an example, where benches and bus shelters were removed from the park.
Burke noted the 22-story rental complex by the Buccini-Pollin Group being built across the street from the church and empowerment center, remarking on the timing of the escalating tactics as the building nears its scheduled completion for next August.
Friendship House/SSAM to continue to advocate
Last Friday, community members and representatives from various churches and organizations, including the H.O.M.E.S. Campaign, the Poor People’s Campaign, and the Housing Alliance, gathered in front of SSAM for the church’s monthly silent prayer walk.
During this walk from the church to Rodney Square — held to protest for justice and peace — they focused on the recent removal of the benches.
Locals shared a sentiment of disappointment while speaking about the need for government accountability and the need for more affordable housing.
“I feel like it’s very unjust,” said Edris Harell, a member of First Unitarian Church.
Councilwoman Maria Cabrera also attended the walk, assuring locals that she would look into the issue.
Burke urged locals to reach out to their representatives to create a conversation to guide solutions toward the issue of housing and homelessness.
SSAM and the Friendship House released a joint public statement this week and plan to continue to push conversions among nonprofit communities and the political communities to find housing solutions for the homeless populations in the city and to advocate for the city to look at how they handle these issues on a systemic level.
“Every living person, regardless of their socio-economic status, regardless of their race, regardless of their housing situation, deserves to be treated humanely,” Burke said.