A Brief History of Lawyers with the ACLU of Delaware

BY DWAYNE J. BENSING, ESQUIRE

That work is possible because those of us within the legal community fully understand the value of civil liberties to our work. There is and always will be a close and influential relationship between public issues and legal advocacy. For many lawyers who have worked with us, being a part of the ACLU-DE presents the opportunity to see how their work as experts of the law can change the landscape of Delaware for everyday people — especially those who have historically been disenfranchised and neglected by society.

In the words of Larry Hamermesh, Executive Director at the Institute for Law & Economics and Professor Emeritus at Widener University Delaware Law School, “The ACLU’s preeminent dedication to using all available means — legislation, litigation, and education — works to promote a civil society in which the political, religious, and bodily autonomy of its members, particularly those from minority groups, is protected.” Having been a longtime supporter, Hamermesh was elected as the ACLU-DE Board President from 1996 to 2003, after which he went on to serve on the national ACLU board from 2004 to 2009. He was a key force in campaigning for LGBTQ rights in Delaware long before marriage equality was achieved in the U.S. He continues to support the work of the ACLU of Delaware as one of our Amicus Society members.

During his presidency, Hamermesh hired Drew Fennell, who served as the Executive Director at the ACLU of Delaware from 2001 until 2010. Fennell came to the ACLU-DE after working as an attorney, and her legal expertise lent itself well to the unique challenges of her time with the organization. Much of her early tenure dealt with anticipating and then challenging the discriminatory government practices and reactionary civil liberties restrictions that followed the historic September 11th terror attacks. As anti-Muslim sentiment began reaching a fever pitch, infringements on the rights of Muslim Delawareans was a high concern that shaped Fennell’s leadership: “I think we live with some of the after effects of that tragedy in the law even today.”

Protecting vulnerable communities has been a driving force for most of our key staff and partners. Former Legal Director Ryan Tack-Hooper, graduate of NYU’s School of Law, has said that the ACLU was always something he aspired to join because it represented the idea that “lawyers could be a force for good”— something he was able to prove extensively through his work. During his time as ACLU-DE Legal Director from 2015 to 2019, Tack-Hooper championed a number of key civil rights cases. He was co-lead counsel on the Delawareans for Educational Opportunity v. Carney case, a constitutional challenge to Delaware’s inadequate education system, and co-chaired the bench trial on the issue of Delaware’s inequitable property tax assessment system. He also led successful class action representation on the Wright v. City of Wilmington case on behalf of residents arrested pursuant to an unconstitutional detention policy, leading to reform of the police department’s stop and arrest policies and training.

Our history is lined with many great individuals who sought to merge their legal practice with longstanding impact statewide that has improved the lives of Delawareans. The lawyers who have played a vital part in major Delaware litigation and legal advocacy around civil rights have been people with an incredible drive and passion for protecting and advancing the liberties of all people across our varied communities.

We continue to welcome those who want to use their skills to advance our vision for a better Delaware. If you share in that vision and want to make it a reality, consider getting involved with the ACLU of Delaware.

As one of the principal public interest non-profits in the state, ACLUDE receives requests for legal assistance from individuals on a daily basis. We respond to this demand through direct representation and by appearing as amicus curiae. As much as possible, our cases are handled by volunteer attorneys who work in cooperation with our legal department. In addition to litigation, our volunteer attorneys help in several other important ways, such as analyzing proposed legislation that affects civil liberties. Many also provide comments on policies and perform public speaking engagements in their areas of expertise. Those interested in volunteering as cooperating attorneys can apply at: www.aclu-de.org/about/work-us/cooperating-attorneys.

Lawyers who do not have the time to offer pro bono services as cooperating attorneys can also support our work by joining the Amicus Society. Our Amicus Society is a network of First State lawyers who share in our values of economic justice, education equity, free speech, justice reform, reproductive freedom, and voting rights. Members receive exclusive case updates on ACLU-DE litigation that helps keep them abreast of these key legal issues in the state. For more information on how to join, visit www.aclu-de.org/ about/amicus-society.

Dwayne Bensing is the Legal Director of the ACLU of Delaware. He also serves as President of Delaware Stonewall PAC and in 2014 was named to the LGBT Bar 40 Under 40 by the National LGBT Bar Association. He can be reached at dbensing@ aclu-de.org.