A municipal court case in Shorewood, Wisconsin is drawing attention because it could define whether residents can walk along the shoreline of Lake Michigan — including stretches adjacent to private homes. Paul Florsheim, a professor at the University of Wisconsin-Milwaukee Zilber College of Public Health, received a $313 trespassing ticket after walking north of the publicly accessible Atwater Beach. Florsheim contends that Wisconsin’s public-trust laws guarantee the public’s right to traverse the shoreline between the water’s edge and the ordinary high-water mark.”
Florsheim’s argument draws on long-standing legal precedents and the public-trust doctrine. On the other side, the Village of Shorewood and a nearby property owner argue that private shoreline property owners hold exclusive access rights between the high-water mark and the water’s edge, citing a 1923 ruling on a different lake that has traditionally been used to limit shoreline access.
If the court sides with Florsheim, the decision could establish a new precedent in Wisconsin, potentially opening more of Lake Michigan’s shoreline for public use. Supporters note that similar cases in other Great Lakes states have confirmed the public’s right to walk coastal shorelines. The case — and the impending ruling — may fundamentally alter how property rights and public access along the lake are balanced in Wisconsin.
Read an article from the Milwaukee Journal Sentinel about the case.