Milwaukee County Circuit Court Judge J.D. Watts on Thursday reversed a municipal court ruling that had found Shorewood resident Paul Florsheim guilty of trespassing after he walked past Atwater Beach on Lake Michigan last summer. The judge held that the shoreline below the ordinary high water mark is owned by the state of Wisconsin and is therefore public land, making Florsheim’s walk a lawful recreational activity.
Public trust doctrine at the center of the decision
Florsheim, a professor emeritus at the University of Wisconsin–Milwaukee, had represented himself in the original municipal hearing, arguing that the public trust doctrine guarantees the right to walk along the lake’s edge up to the ordinary high water mark. The Shorewood Municipal Judge Margo Kirchner had relied on a 1923 Wisconsin Supreme Court case, Doemel v. Jantz, which held that private owners have exclusive rights to the strip of land between the ordinary high water mark and the water’s edge.
Watts noted that the 1923 decision concerned an inland lake and offered little guidance for Lake Michigan. He wrote that the “strip of land below the ordinary high water mark is lakebed owned by the state of Wisconsin,” and that the state’s property extends to that point along the lake. Consequently, the walk did not infringe on any riparian landowner’s rights.
Implications for lake access
Midwest Environmental Advocates, the nonprofit that assisted Florsheim, said the ruling affirms that the shore of Lake Michigan is public land. Attorney Michael Greif stated, “While the direct impact of the decision is limited to the dismissal of Paul’s ticket, we believe the principles affirmed in this case should be broadly applied.” The organization clarified that the decision does not overturn Doemel v. Jantz, but it does limit its applicability to inland lakes.
The Wisconsin Department of Natural Resources defines the ordinary high water mark as the point on the shore where water action leaves a distinct mark, such as erosion or loss of vegetation. Watts’ decision reinforces that the public may use the shoreline below that line for recreation.
Local reaction
Florsheim expressed relief, saying, “It was very gratifying to read the decision… I did feel vindicated.” The case highlights ongoing debates in Wisconsin over public access to the state’s many lakes and waterways, a topic of particular concern for families and outdoor enthusiasts who value the ability to enjoy the state’s natural resources without fear of citation.
Legal experts note that while the ruling applies to this specific case, it may set a precedent for future disputes over shoreline access across the state, potentially influencing how municipalities enforce trespassing laws along public beaches.
Original reporting: Wisconsin Watch — read the source article.
