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Shorewood beach trespassing case; plan for appeal
It's January 2026, and the beach is frozen. But the debate over who's legally allowed to walk it is only heating up. This week, Shorewood's municipal judge found a man guilty of trespassing for doing just that this past summer. Paul Florsheim lost the case, but that loss opens the door to appeal.
SHOREWOOD, Wis. - It's January 2026, and the beach is frozen. But the debate over who's legally allowed to walk it is only heating up.
This week, Shorewood's municipal judge found a man guilty of trespassing for doing just that this past summer.
Paul Florsheim lost the case, but that loss opens the door to appeal.
And if he has it his way, he'll keep losing, first in circuit court, and then the court of appeals, so he can ask the Wisconsin Supreme Court to weigh in.
Shorewood beach trespassing case; man found guilty, fined $313
A Shorewood municipal judge found a man guilty of trespassing for walking along the Lake Michigan shoreline, past signs that marked private property.
$313 trespassing ticket
What we know:
At face value, it's all because one man wants to walk the beach, but there's a lot more at stake.
"I think there's a part of me that...would have liked to be done with it at that point," said Paul Florsheim.
It was a four-hour municipal court trial followed by an eight-week wait.
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And this week, a 16-page order ends Florsheim's fight against a $313 trespassing ticket…for now.
Case history
The backstory:
"I guess my initial feeling was sort of okay, here we go," added Florsheim.
In December 2025, Florsheim defended his Atwater Beach walking at the village hall.
Neighbor Dan Domagala caught it on his surveillance camera and called police to report trespassing.
No trespassing signs
Florsheim says he was walking beneath the "ordinary high-water mark," which is a boundary left by the presence of water. Therefore, he says he wasn't trespassing.
"I don't think I'm guilty of trespassing. I stand by that position," said Florsheim.
Part of the Wisconsin State Constitution, known as the public trust doctrine, requires so-called "navigable waters" be "forever free."
Florsheim says that includes walking the beach, although his feet weren't actually in the water.
Lake Michigan shoreline in Shorewood
That's a public right in Indiana and Michigan, but not in Wisconsin.
A 1923 Wisconsin Supreme Court opinion, Doemel v. Jantz, found that private property owners own the land between the water line and the ordinary high-water mark.
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But it adds that the public can access that land when the water is high.
Municipal Judge Margo Kirchner writes: "Perhaps the Doemel Court was wrong. Perhaps it incorrectly favored the rights of the riparian landowner over the rights of the public regarding exposed land between the ordinary high-water mark and the water…but as a municipal court judge, I cannot disregard Doemel, whether rightly or wrongly decided. I must follow it."
Municipal courtroom at Shorewood Village Hall
Preparing to appeal
What's next:
Florsheim now has 19 days to appeal the ruling to the circuit court.
He tells FOX6 he met with an environmental attorney Thursday morning (Jan. 29) and that he's prepared to take this as long as it has to go.
The Source: FOX6 has previously reported on this case, and spoke with Paul Florsheim following the ruling.