Photo Credit: Virginia Small
Wisconsin’s Department of Natural Resources officially issued an opinion opposing a food-and-beverage operation functioning as “destination restaurant” in the Bradford Beach Bathhouse or anywhere on the public beach. That directive was made to ensure compliance with Wisconsin’s public trust doctrine, including its requirement for full public access, a role assigned to the DNR.
“The Department takes this important responsibility seriously and must scrutinize any plans which may incorporate private use of lakebed areas,” said the March 3 letter from John Budzinski, the DNR Secretary’s Director for Southeast Wisconsin. It was sent to William Lynch, chair of the Lakefront Development Advisory Commission as part of that body’s deliberation-and-recommendation process about an application by the Dock, LLC, to open a bar and grille on the open-air public pavilion’s rooftop.
The letter said, "”At this time, DNR has concerns for how public access will be enforced. These concerns are based on social media posts touting the Dock as a destination restaurant, rather than an amenity to the public beach, and media accounts of vendor signs in 2020 indicating restricted access to tented areas and other seating. DNR’s concerns are consistent with long standing public trust requirements and correspondence to Milwaukee County.
“In our opinion, an enforceable agreement for the operation of the project must include clear language regarding signage and conduct of operations allowing full public access, and restrictions on special events to ensure limited interruptions of full public access. Further, the county should require that social media and other advertising verbiage for The Dock be consistent with the lease agreement and operating plan in regard to this being a public space and not a destination restaurant.
“Under the Wisconsin constitution, Article IX, Section 1, the State of Wisconsin holds all navigable waters in trust for the people of the State of Wisconsin and the nation and has an affirmative obligation to ensure lakebed areas, including those that are filled pursuant to state authorization, are open and maintained for the public’s use consistent with the public trust requirements. The Department takes this important responsibility seriously and must scrutinize any plans which may incorporate private use of lakebed areas.”
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Wisconsin’s Legislature granted former lakebed land, through a mosaic of different grants to land along Milwaukee’s lakefront starting in the early 20th century over a period of many decades. The grants generally specified that the granted land was to be used solely for public park and parkway purposes. Land which became Bradford Beach was granted on June 2, 1921 for the benefit of all Wisconsin residents.
DNR’s guidelines for lakebed lands allow “limited food service…where it supports and is clearly an appurtenance to, a permissible use” such as concessions to serve park visitors. They do not allow “destination bars and restaurants” on filled-lakebed grant lands. Critics say The Dock’s high-end menu and plan of operation to attract diners goes well beyond the DNR guideline mandating that food service simply provide “support” services to beachgoers and would improperly limit public access.
The DNR concluded that “Projects in lakebed grant areas are highly visible. Stakeholders are vigilant, know the Bradford Beach lakebed grant was made for the public’s use and enjoyment of the area and understand that concessions which are ancillary to the public use are allowable and private restaurants are incompatible under the public trust doctrine. Any citizen may contest infringement of the public trust.”
DNR officials are scheduled to meet with Milwaukee County Parks officials on March 16 and “may have more information to share after [that] meeting.”
Environmental Advocacy Groups Endorse DNR's Stance
Tony Wilkin Gibart, executive director of Midwest Environmental Advocates, a nonprofit environmental law organization, responded positively to DNR’s letter. “We agree with DNR’s concerns about whether the Dock and the County will ensure full public access to the pavilion and operate food service at the beach as a concession, rather than as a destination bar and restaurant. The letter affirms why both the Dock's proposal for future expansion and the way the Dock has operated in the past violate the Public Trust Doctrine.
“Our state constitution guarantees that Bradford Beach cannot be turned into an upscale bar and restaurant. We urge the County to listen carefully to the many organizations and members of the public who have called for a change in course to better ensure this invaluable public resource is open, accessible, and welcoming to all,” wrote Wilkin Gibart.
Riverkeeper Cheryl Nenn of Milwaukee Riverkeeper said that she agreed with the DNR’s statement. Wisconsin’s rivers and riverbeds are also protected by the public trust doctrine. Milwaukee Riverkeeper is a science-based advocacy organization “working for swimmable, fishable rivers throughout the Milwaukee River Basin.” Nenn wrote in an email, “Bradford Beach is one of our most racially diverse and integrated spaces in Milwaukee. The lakefront and public pavilion should be open and accessible for ALL to enjoy, and not just for those who can afford to eat at a ‘destination’ restaurant.”
Nenn added that any leases to private businesses on former lakebed properties “should ensure full public access. Ancillary services such as food-and-beverage concessions are provided to enhance access to. and enjoyment of, our beaches and water. Milwaukee County and WDNR needs to enforce the Public Trust Doctrine, and the ‘public’ means all of us.”
Jim Goulee, president of Preserve Our Parks, a nonprofit watchdog group, said, “We are grateful that the Department of Natural Resources has engaged on this issue to protect and preserve the public’s access to this public beach and pavilion. Upholding the public trust doctrine is essential to Milwaukee County retaining its open lakefront, an asset that supports quality of life, economic vitality, and environmental sustainability.”
Contacting DNR and Milwaukee County Officials
DNR officials are scheduled to meet with Milwaukee County Parks officials on March 16 and “may have more information to share after [that] meeting.”
DNR is charged with upholding the public trust doctrine regarding lakebed-grant lands held in common by Wisconsin residents.
Email for John Budzinski (author of DNR letter): John.Budzinski@wisconsin.gov
For technical PTD questions: DNR Waterways Supervisor, (920) 252-0679, Michelle.Scott@wisconsin.gov
Decisions about stewardship are made by individual governmental entities. Milwaukee County's elected and appointed officials can be reached as follows:
Sup. Sheldon Wasserman, chair of the County Board’s Parks, Energy and Environment Committee, and representative of the district that includes Bradford Beach.
