Municipal judge rules against man who wants to walk on Shorewood beach

SHOREWOOD, Wis. (CBS 58) -- One man’s legal battle to walk along the Lake Michigan shoreline could head to the state’s Supreme Court.

It’s a question of where private property lines along the beach end and where public access begins.

“There has to be some point where the rights of the private property owner stop and the rights of the public begin,” said David Strifling, director of the Water Law and Policy Initiative.

The snow-covered beach sits empty in Shorewood, and it’s not just the weather stopping Paul Florsheim from being there.

“I do, essentially, want to walk on the beach. I do really miss walking down that beach, but I also really want other people to be able to walk on that beach,” Florsheim said.

Back in 1923, the state of Wisconsin ruled in Doemel v. Jantz that the land leading up to the water belongs to the owner of private property.

“It follows a wet feet doctrine, meaning that if your feet are in the water, if you’re walking in the water of Lake Michigan or some other navigable water in the state, then you are not trespassing,” Strifling said.

Back in July of last year, Florsheim was walking along the beach when he was flagged down by a resident for walking on private property. Paul was then cited more than $300 for trespassing.

“Well, I honestly don’t think I was trespassing,” Florsheim said.

Florsheim challenged that citation.

On Wednesday, a municipal judge stated that Doemel set the precedent for the case and ruled against Florsheim.

“As a municipal judge, she is not in a position to overrule,” Florsheim said.

Florsheim believes that instead of drawing the line at the water, it should be drawn at the ordinary high-water mark.

“The point where kind of the vegetation changes, or you can see that line in the sand, or there’s some debris or gravel the water leaves behind,” Strifling said.

Other states, including Indiana and Michigan, have ruled in favor of the public’s rights.

That’s why Florsheim says he plans on appealing his case until it reaches the Supreme Court.

“As far as paying the ticket, I think I probably have to do that, too,” Florsheim said.