Photo Credit: Virginia Small
Bradford Beach, Southeastern Wisconsin’s most popular public beach, attracts hundreds if not thousands of visitors daily throughout the summer. People from throughout Milwaukee County and beyond head to Bradford for recreation and respite. Temperatures are often 10 degrees cooler than further inland. Bradford is especially in demand these days, since nearby McKinley Beach is closed indefinitely and only four county deep-well pools are open.
Now, under new contractual terms, residents may show up some days only to find much of Bradford Beach closed to the public. That’s because Milwaukee County Parks recently amended its contract with The Dock Bradford to allow repeated closures of beach areas. Parks officials did so without public involvement or county board oversight.
Turning a Public Beach into a Private Playground
Optimally, public parks and beaches welcome and serve all people equally. However, de-facto practices and policies are increasingly turning Bradford Beach into a playground for the privileged, with rights to access and enjoy it tied to purchases, fees or rentals. This provokes concerns about who belongs, especially in certain areas.
Since The Dock was granted a five-year food-and-beverage concession in 2019 as the sole purveyor of alcohol at Bradford, the Chicago-based vendor has tried to keep the public from using some beach areas and furnishings. Early tactics included signage on picnic tables saying for “customers only.”
Currently, The Dock is claiming prime beach areas as their commercial space to exploit and to deter or restrict public access to suit their business. This includes a large tent surrounded by snow fencing, and a roped-off seating area with swagged lighting. These “exclusionary design” measures discourage park visitors from accessing portions of this public beach, says Arijit Sen, an associate Professor at University of Wisconsin-Milwaukee’s School of Architecture and Urban Planning.
The Dock is regularly booking private parties on the beach and pavilion rooftop, as it tries to claim the rooftop as a fifth location to dispense alcohol at the beach. Although concessions on public-trust land are intended to serve people visiting the beach for recreation, the vendor aggressively markets Bradford Beach as a private “event space” in printed menus and online, including on pages linked to Milwaukee County Parks.
In return for parks managers giving away rights for the public to freely enjoy this park, The Dock pays Milwaukee County a mere $20,000 a season, for up to $400,000 of self-reported gross sales. Above that amount, The Dock is required to pay five percent of self-reported gross revenues. Bradford Beach’s previous concession operator paid 10 percent of gross revenues. Thus, for half of previously contracted remuneration, the county is ceding ever-more control of Bradford Beach to the Dock.
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A 2019 Milwaukee County audit of parks contracts found that “vendors [including at Bradford] are submitting essentially an Excel spreadsheet approved by Parks which only shows the total sales and does not provide details or an ability to independently verify the accuracy of the reports.”
Recent contract changes grant The Dock additional control over the beach and its facilities. Some terms allow the vendor to determine who can access the beach: “Parts of the Premises may be closed to the public during a Special Event, but these areas must be approved by the County and documented in the Special Event permit. Tenant shall post signage of its special event at least one week prior to the event, which shall include notice if parts of the Premises are closed to the public.” In effect, this gives the Dock permission to cordon off beach areas and most of the pavilion. The contract does not specify where notice must be posted.
The parks department has been consistently lax in ensuring The Dock’s compliance with contract stipulations and Wisconsin’s public trust doctrine, said Jim Goulee, president of Preserve Our Parks. He has repeatedly notified parks officials about illegal signage affixed to tables that prohibit public usage, including at Bradford. Such signage persisted there until after the issue was raised during hearings of the Lakefront Development Advisory Commission (LDAC) this year.
Abandoning Control of a Public Beach
Photo Credit: Virginia Small
The Dock’s amended contract, fully executed on June 17, now says: “Special Events will be limited to up to six events per calendar year. Special Events are activities that are outside the scope of the ... [Dock’s] regular concession operations and include promotional events or advertised events that are expected to draw 200 or more people. Special Events are limited to permitted one day events.”
Restrooms are the only Bradford Beach space not subject to exclusionary closures, according to the amendment.
One neighbor who lives near Bradford Beach said that these new special-event provisions represent the most aggressive ceding of control of the beach. “Where will people go who are used to relying on the beach to get away from the heat?” the neighbor asked.
During a three-month beach season, which runs essentially from Memorial Day to Labor Day, six Dock-controlled big events could translate into one roughly every other weekend.
Top-down, Opaque Process
When Supervisor Sheldon Wasserman learned of the amended contract from a reporter on August 1, he said by phone that he knew “absolutely nothing” about the specific changes and was flummoxed that the Dock will be allowed to close off the beach so often. “How did they come up with six?” he said. As chair of the county board’s parks committee and representing the district that includes Bradford, he was taken aback that he had not been updated about the contract revisions either before or after they went into effect June 17.
Last year, parks managers also failed to inform Wasserman that they had given the Dock tacit approval to take over Bradford historic beach house's rooftop, in addition to three tiki-hut bars on the beach and a concession on the pavilion's first floor. Although that plan has been put on hold over safety and other concerns, a park’s spokesperson said in May that, “The idea is not dead forever.”
Beachgoers who do not visit the beach during the week prior to a Dock-controlled special event (assuming that mandated notice is adequately posted) may unwittingly encounter a barricaded beach. Visitors who want to relax away from Bradford’s 27 volleyball courts, or prefer to avoid the beach’s far-reaching bar scene, are already pushed to the beach's margins. LDAC members expressed concerns at hearings about potential impacts on traffic and beach congestion, as the Dock drives to make the heavily used beach even more of a “destination” bar and rentable venue. Public safety remains a communitywide concern with no lifeguards on the beach for the second consecutive summer.
Bradford Beach also may be closed off for other special events arranged through Milwaukee County Parks. Guy Smith, Parks’ executive director, told members of the Lakefront Development Advisory Commission (LDAC) at a hearing last winter that his department will also likely hire The Dock to cater private events at Bradford hosted or sanctioned by the county. Smith told the commission that such private events could be held during the Air and Water Show, Fourth of July, Harley-Davidson rallies or any number of fund-raisers or other special events. No guidance is available about how the public might learn about such closures.
Milwaukee County Not Enforcing Public-Access Mandates
Another section of the Dock’s amended lease specifies that, except during six permitted large-scale events each summer, the vendor may not close off areas of the beach and pavilion.
The Dock’s original contract states: “The Premises shall remain open and available to the public during regular hours the Park remains open,” which is 6 a.m. to 9 p.m. daily. The following was added in June but is not being enforced: “All tables serving Tenant’s business will be available to the public and may not be reserved. Tenant will post signage at access points to the second floor of the Pavilion that state the area is a public asset and open to the public with no purchase necessary.” Seven weeks after the amendment was executed, no mandated signage is posted anywhere in the pavilion, saying that restricting public access is not allowed.
William Lynch, chair of the Lakefront Development Advisory Commission, said that neither the original agreement nor the amendment specifically mentions that Bradford Beach is located on filled-lakebed land that may not be used “for any other purpose than as a public park and boulevard,” in perpetuity. “No public trust doctrine documents are attached to the Dock’s contract or amendment,” he said.
Marketing Bradford Beach as an ‘Event Space’
Photo Credit: Virginia Small
The Dock is blatantly and routinely reserving tables on the pavilion’s rooftop for private events, despite such reserved bookings being expressly prohibited in its contract. The Dock held at least two reserved-seating events on the rooftop—a brunch on June 27 and a private buffet on July 5. On July 29, The Dock catered a private dinner party for 85 people on the beach and used a sandwich-board sign with the words “Private Event” to restrict access to that area.
When parks executives were asked about ongoing private bookings, a spokesperson contradicted explicit contract terms. Ian Everett said in an August 4 email that the public can freely access “the majority of the tables, except those used for small rentals,” and cited “guidelines” that are not part of the original agreement or amendment. Lynch, an attorney, said in an August 5 email that “the amendment does not legally exempt such rental activities from the public-access requirement.” The amendment says that “in the event of any conflict, the terms and provisions of this Amendment shall govern, control and prevail.”
The Dock's Facebook page defines its operation as a “Seasonal beach bar, rooftop restaurant and event space located on Milwaukee’s Bradford Beach. Reservations are not available for regular dining service. To book your next event, head to our website, or email krista@doubleclutchbrewing.com.” Printed menus on Bradford Beach pavilion’s first floor say, “Book your next event at Bradford Beach!” Inquiries about booking private events are directed to contact Zack Grmick, the Dock’s general manager.
Milwaukee County Parks’ website also links to The Dock’s menu promoting private bookings “With a spectacular lakefront setting, we’ve got the perfect spot for your next celebration. Let's start planning!”
Dock publicity for the June 27 event, through social media and signs at the beach, said, “Table reservations required.” Access to the pavilion’s rooftop from the adjacent covered area was completely closed off during the event, using a weathered plastic tarp. No notice of the closure was posted before the event. A decorated kiosk at the bottom of the stairs on the pavilion's north end was used to check in customers with reservations. A Milwaukee couple who attended the June 27 brunch said they paid a required cover charge to reserve a table. Guests ordered from a special menu that included bottomless mimosas.
Dock promotion of its reservations-required June event included Milwaukee County Parks’ logo. Patricia Jursik, a board member of Preserve Our Parks (POP) and Sheridan Park Friends, asked parks director Smith about the publicity during a gathering for parks friends on June 24. Jursik said by email, “When I showed the Facebook page and poster to Guy Smith he took my phone and reviewed the poster and stated he was unaware of this event. I was told by Smith that his department would look into this, but I've gotten no follow up since June 24.”
Will Anyone Enforce Compliance?
Wisconsin's Department of Natural Resources (DNR) is charged with ensuring compliance with the state’s public trust doctrine. Two DNR officials wrote a letter to several Milwaukee County officials dated July 15. Inexplicably, neither Wasserman nor Lynch, the LDAC chair, were copied in DNR’s communication, despite assertions that there would be “fully transparent” communication about Bradford operations shared with the public and key stakeholders. A reporter obtained the public document after directly requesting an update.
DNR’s letter said, in part, “... the Amendment provides an enforceable agreement to ensure compliance with the Public Trust Doctrine and protection of the public’s interest in access to filled Lakebed Grant areas .... All tables serving the Dock business will be available to the public and may not be reserved. Signage will be posted at access points to the second floor of the Pavilion stating the area is a public asset and open to the public with no purchase necessary. Any advertising will include a statement that the premises [are] open to the public.”
Although the contract is theoretically “enforceable,” Wasserman said that thorough enforcement will be crucial. In 2019, a Milwaukee County audit of parks contracts found that “Increased oversight and agreement monitoring efforts are needed by Parks to ensure the requirements of agreements are met.”
How to Register Concerns and Complaints
What recourse do citizens have if The Dock, with Milwaukee County Parks’ blessing, continues to book private parties, restrict access and fail to post mandated signage and online notice that all areas of the beach and pavilion must remain fully accessible to the public?
Michael C. Thompson, DNR’s Director of Waterways Bureau/External Services Division said, “Any citizen may contest infringement of the public trust. Stakeholders with non-emergency concerns about Bradford Beach operations may email Jim Tarantino, Director of Recreation & Business Services, Milwaukee County Parks at James.Tarantino@milwaukeecountywi.gov or call Milwaukee County Parks, (414) 257-7275, to report their concerns. Thompson said he could also be contacted at michaelc.thompson@wisconsin.gov, about “suspected violations of the public-trust doctrine at Bradford Beach.”
The Milwaukee County Board of Supervisors is charged with oversight of contracts and with ensuring compliance with state law and county policies. Residents may contact Sup. Wasserman about Bradford Beach issues, as well as the supervisor representing their district.
The DNR’s Violation Hotline provides Wisconsin citizens with the opportunity “to confidentially report suspected wildlife, recreational and environmental violations.” Call or text 800-847-9367, or submit a violation report online through a form provided here.
