FOR IMMEDIATE RELEASE
Milwaukee, WI—Today, a Milwaukee County Circuit Court dismissed a municipal trespassing citation issued to Paul Florsheim for walking along a stretch of the Lake Michigan shoreline north of Atwater Beach in the Village of Shorewood.
Midwest Environmental Advocates represented Florsheim in challenging the citation and argued that the state constitution and the public trust doctrine protect the public’s right to walk on dry land between the ordinary high water mark (OHWM) and the water’s edge.
Today the court affirmed that right, finding that Mr. Florsheim’s walk was a protected activity under the public trust doctrine and that the Village could not enforce its trespass ordinance against him.
“I’m glad the ticket was dismissed, and I hope this is a step toward securing the public trust rights of all Wisconsinites,” said Shorewood resident Paul Florsheim. “I don’t know if this ruling puts the issue to rest but I hope it has an impact on how cities and municipalities behave. At the beginning of all this, I suggested that the Village of Shorewood put up a sign that says people are free to take a walk on the beach but should remain respectful of the property owner rights. That suggestion was ignored. Maybe they will do something like that now. I’ll donate the $313.00 I paid them for that ticket.”
The case stems from an incident last summer in which a lakefront property owner confronted Mr. Florsheim, accused him of trespassing, and later called the police. Although Mr. Florsheim explained that the public trust doctrine protected his right to walk on the beach, he was issued a $313 trespassing ticket by Village of Shorewood police.
When Mr. Florsheim appealed the fine in municipal court, the court ruled in favor of the Village, pointing to Doemel v. Jantz, a 1923 Wisconsin Supreme Court decision involving public access to Lake Winnebago, which found that members of the public are subject to trespassing laws unless their feet are in the water. Although the circuit court reversed the municipal court’s ruling, it did not overrule Doemel. Instead, it distinguished Doemel from Mr. Florsheim’s case and found that Doemel provided “little guidance.”
“We’re grateful to Paul for his willingness to take a stand on an issue that affects all of us,” said MEA Attorney Michael Greif. “The dismissal affirms that the shore of Lake Michigan is public land, and, 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. We look forward to continuing to defend the public’s right to use public waterways like the Great Lakes.”
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