DELAWARE ACTIVIST PLAYBOOK

Delaware Action Guide

State-Specific Tactics to Restore Police Radio Transparency

Delaware has gone fully encrypted. Delaware State Police, Wilmington, Dover, and other agencies have all blocked public scanner access. This guide gives you the contacts, templates, and tactics to fight for transparency in the First State.

Delaware's Encryption Landscape

Understanding the battlefield before you fight

Delaware has become one of the most encrypted states in the nation. Delaware State Police encrypted all channels on March 22, 2021, following Wilmington and New Castle County police who had encrypted earlier. Dover police has been encrypted "for several years," and Rehoboth Beach PD began encrypting in April 2021.

Delaware is transitioning to a new P25 Phase-II system, giving agencies even more encryption capability. While fire and EMS in some counties remain unencrypted, the trend is toward complete radio silence. Delaware's FOIA provides a 15-day response window and applies to all state agencies.

All Major Police Agencies Encrypted
15 Days FOIA Response Time
P25 New System Transition

Key Delaware Encryption Timeline

Pre-2021 Wilmington and New Castle County police encrypt first
Pre-2021 Dover police encrypted "for several years"
Mar 2021 Delaware State Police encrypts all channels
Apr 2021 Rehoboth Beach PD begins encrypting
Present Delaware transitioning to P25 Phase-II system

Key Delaware Contacts

The people who can make change happen

State Government

Governor Matt Meyer

Executive Branch

Why Contact: Governor Meyer has signed public safety bills and established the Office of Gun Violence Prevention. He may be receptive to transparency measures that improve community-police relations.

Ask: "Will you support legislation requiring media access to encrypted police communications?"

Delaware General Assembly

Legislative Branch

Why Contact: The Legislature can pass transparency requirements and update the Delaware FOIA.

  • Find Your Legislator: legis.delaware.gov
  • Senate Judiciary Committee: Handles public safety legislation
  • House Judiciary Committee: Reviews transparency measures
Ask: "Will you sponsor legislation similar to Colorado's HB21-1250 requiring media access to encrypted police channels?"

Delaware State Police

Encrypted Agency

Why Contact: DSP encrypted all channels in March 2021. They have stated they have "no channels available or open to the public, media or others."

Department of Safety and Homeland Security

Oversight Agency

Why Contact: DSHS oversees law enforcement communications and the new Office of Gun Violence Prevention and Community Safety.

Local Government

Wilmington City Council

State's Largest City

Why Contact: Wilmington police encrypted before DSP. The City Council can mandate media access programs.

  • Website: wilmingtonde.gov
  • Public Comment: City Council meetings allow public testimony
Ask: "Will you require Wilmington PD to create a media access program similar to other cities nationwide?"

Dover City Council

State Capital

Why Contact: Dover police has been encrypted "for several years." As the state capital, Dover can set an example.

New Castle County Council

Most Populous County

Why Contact: New Castle County police encrypted early. The County Council oversees county police policy.

Media & Press Organizations

WDEL News

Delaware's Newsradio

Why Contact: WDEL has won Edward R. Murrow awards and is Delaware's primary news radio source. They have a stake in scanner access.

Delaware News Journal

Major Newspaper

Why Contact: The News Journal provides in-depth coverage of politics, business, and public safety in Delaware.

Delaware Public Media

NPR Affiliate

Why Contact: WDDE provides comprehensive news coverage with a focus on Delaware and the greater region.

WBOC-TV

Delmarva Coverage

Why Contact: WBOC covers the Delmarva Peninsula including southern Delaware with local news and community events.

ACLU of Delaware

Civil Liberties Ally

Why Contact: ACLU-DE Executive Director Mike Brickner has commented on encryption issues, noting potential hurdles to police collaboration and public safety.

Delaware Freedom of Information Act (FOIA) Requests

Access to government records in the First State

The Delaware Freedom of Information Act (29 Del. Code, Chapter 100) establishes that "it is vital in a democratic society that public business be performed in an open and public manner." Agencies must respond within 15 business days, and any citizen of Delaware may request public documents without stating a purpose.

Delaware-Specific FOIA Templates

Template 1: Scanner Harm Documentation

Purpose: Prove there's no evidence scanner access has harmed officers

Pursuant to the Delaware Freedom of Information Act (29 Del. C. 10001-10008), I request copies of the following records:

  1. All documented incidents, reports, or investigations where public access to police radio scanner communications resulted in:
    • Injury or harm to any officer or personnel
    • Compromise of any tactical operation
    • Flight or escape of any suspect
    • Interference with any emergency response
    for the period January 1, 2010 through present.

If no responsive records exist, please provide written confirmation of that fact.

I request this information in electronic format. Please provide a cost estimate if fees will exceed $50.

Template 2: Encryption Decision Documents

Purpose: Discover the decision-making process for encryption

Pursuant to the Delaware Freedom of Information Act (29 Del. C. 10001-10008), I request copies of the following records:

  1. All internal communications (emails, memos, meeting notes) regarding the decision to encrypt police radio communications.
  2. All city council, county council, or public meeting agendas and minutes where radio encryption was discussed.
  3. Any legal opinions or policy analyses regarding encryption.
  4. Any cost-benefit analyses comparing encryption to alternatives.
  5. All contracts and expenditures related to radio encryption systems or P25 system transition.

I request records from January 1, 2018 through present.

Template 3: Media Access Policy

Purpose: Document whether any media access program exists

Pursuant to the Delaware Freedom of Information Act (29 Del. C. 10001-10008), I request copies of the following records:

  1. Any policies, procedures, or agreements providing media organizations access to encrypted police radio channels.
  2. Any applications received from media organizations requesting access to encrypted channels.
  3. Any correspondence with media organizations regarding access to police communications.
  4. Any written justifications for denying media access to encrypted channels.

Delaware FOIA Tips

  • 15-day response: Agencies must respond within 15 business days
  • No purpose required: You do not need to state why you want the records
  • Written requests: Submit in writing via mail, email, fax, or online
  • Use the form: Delaware has a standard FOIA Request Form, but requests aren't denied for not using it
  • First 20 pages free: $0.10 per page for copies over 20 pages
  • Administrative fees: May apply for requests requiring more than 1 hour of staff time
  • Cost estimates: Agency must provide itemized estimate before fulfilling requests with admin fees
  • "No records" is evidence: A response of "no responsive records" proves your point about scanner harm

Local Actions: City Council & County Council

Delaware is small enough that local action has statewide impact

City/County Council Engagement

Delaware's small size means your voice carries further. City councils in Wilmington and Dover, plus county councils, can influence policy quickly.

Template: Request for Council Agenda Item

Dear Council Member [NAME],

I am writing to request that you agendize a public discussion of [CITY/COUNTY] Police Department's radio encryption policy.

Since [DATE], [DEPARTMENT] has encrypted its radio communications, blocking public and media access. This decision affects public safety transparency, emergency information access, and press freedom.

The ACLU of Delaware has noted that "widespread encryption may pose significant hurdles to public safety because it may prove difficult for police agencies to collaborate with outside law enforcement agencies."

I request the Council: (1) Hold a public hearing on encryption's impact, (2) Review whether encryption was properly authorized, and (3) Consider media access programs similar to those in other states.

Respectfully,
[YOUR NAME]
[YOUR ADDRESS]
[PHONE/EMAIL]

Council Meeting Tips

  • Delaware is accessible - Small state means easier access to officials
  • Cite ACLU concerns - The ACLU-DE has already raised issues about encryption
  • Reference other states - Colorado's HB21-1250 provides a legislative model
  • Bring media allies - WDEL and other outlets have a stake in this issue
  • Follow up persistently - Delaware's small size allows for ongoing relationship building

Fire & EMS Considerations

Fire and EMS remain partially unencrypted in some Delaware counties. This provides an opening for advocacy.

Key Points for Fire/EMS

  • "Dover Fire Department has its own channel that can be encrypted as needed but wasn't impacted by police encryption."
  • "Fire and EMS in Kent County are mostly not encrypted - why should police be different?"
  • "Mutual-aid channels remain open for interoperability - the same should apply to routine police communications."
  • "If fire departments can operate transparently, police can too."

Interoperability Arguments

  • Collaboration challenges - ACLU noted encryption "may prove difficult for police agencies to collaborate"
  • Multi-agency incidents - Fire, EMS, and police need to communicate on shared incidents
  • Volunteer responders - Delaware has many volunteer fire companies who need radio access
  • Media at scenes - Journalists and emergency responders often work alongside each other

Take Action Now

Concrete steps you can take today

1

File a FOIA Request

Use the templates above to request documentation of scanner harm from Delaware State Police, Wilmington PD, or your local department. Delaware's 15-day response means you'll get answers within a few weeks.

2

Contact Your Legislators

Find your state Senator and Representative at legis.delaware.gov. Ask them to sponsor legislation modeled on Colorado's HB21-1250 requiring media access.

3

Engage Local Media

Reach out to WDEL, the Delaware News Journal, or Delaware Public Media. Explain how encryption affects their ability to cover emergencies. In a small state, media relationships matter.

4

Attend Council Meetings

Delaware's small size makes council meetings accessible. Show up in Wilmington, Dover, or your local municipality and speak during public comment.

5

Connect with ACLU-DE

The ACLU of Delaware has already raised concerns about encryption. They may be interested in supporting transparency advocacy.

6

Leverage Delaware's Size

Delaware is small enough that one dedicated advocate can have statewide impact. Use this to your advantage - you can reach every legislator and every major media outlet.

Delaware Resources & Links

Everything you need for your advocacy campaign

Government Resources

Media Resources

Activist Playbook

Legal Resources

Take Action for Transparency

Your voice matters. Here are concrete ways to advocate for open police communications in your community.

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Contact Your Representatives

Use our templates to email your local officials about police radio encryption policies.

Get Started
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Read Case Studies

See how encryption has affected real communities - from Highland Park to Chicago.

View Cases
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Spread Awareness

Share evidence about police radio encryption with your network and community.

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See the Evidence

Review the facts, myths, and research on police radio encryption.

View Evidence
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Public Testimony

Learn how to speak effectively at city council and public safety meetings.

Prepare to Speak
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Download Resources

Get FOIA templates, talking points, and materials for advocacy.

Access Toolkit
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