Judge says Oswego Lake must be open to everyone

(NOVEMBER 27, 2024) An Oregon judge said that Oswego Lake must be open to everyone. The city of Lake Oswego had rules allowing only nearby homeowners and some city residents to use the lake. Judge Kathie Steele said this is unfair and against state law. She said the city can manage the lake, but it cannot ban the public.  

The case started in 2012 when kayaker Mark Kramer and swimmer Todd Prager sued the city. Their lawyer, Nadia Dahab, said the decision shows that lakes and rivers in Oregon belong to everyone. The Lake Oswego Corporation, which represents homeowners around the lake, disagrees. Its president, Justin Harnish, hopes higher courts will protect local rules.  

Judge Steele said laws change over time to make things fairer. She said the city must fix the rules and remove signs that say “No Access.” The lake should be open under today’s laws.  

The city said public parks near the lake give people a view and that banning entry keeps the lake safe. But the judge said these reasons are not enough to block public access. The decision means the lake belongs to everyone, not just nearby homeowners.