Judge rules Oswego Lake should be open to public

LAKE OSWEGO, Ore. (KPTV) — A Clackamas County Circuit Court judge ruled on Wednesday that the city of Lake Oswego must allow public access to the lake. The decision marks the end of a 12-year-long lawsuit, originally filed by Mark Kramer and Todd Prager in 2012.

FOX 12 spoke to Todd Prager about the court’s decision. Originally from the East Coast, Prager is into open-water swimming. When he moved to Lake Oswego in 2007, he said he was shocked to find out he couldn’t access the lake.

“We were really excited that we had this lake and we could continue swimming there,” Prager said. “We came to find out that you actually couldn’t and it really just struck us as very odd and didn’t seem right.”

Aside from a couple of private access points, Oswego Lake is almost entirely lined with large, upscale houses that have private docks. Many of these homeowners are members of the Lake Oswego Corporation, which grants them access to the lake. But if you’re not a member of the corporation or have access to a private park or dock, finding access to the lake is nearly impossible.

“I want to take the opportunity to correct what has been wrong for so many years,” said Prager, who had previously been on the city’s planning commission.

Since the lawsuit was filed in 2012, Prager told Fox 12 his attorneys have been working pro bono on this case.

According to court documents, the city had previously barred public access to the water of Oswego Lake. But now, the court decided that unless there is a risk to human life, health, or safety, the city must allow public access.

In her opinion, Judge Kathie Steele emphasized that life has changed through the years and so have the laws.

SEE ALSO:

“Women didn’t used to be attorneys or judges, yet here we are. Life changes,” Steele wrote. “Old deeds to properties on Oswego Lake used to prohibit the sale or ownership by minorities. Life changes... The issue before the court here is, under current laws, regulations, and rules, has life changed enough to affect how we treat and protect the public’s interest in Oswego Lake.”

The court ultimately decided that the city’s previous ban on public access to the lake was unjust.

FOX 12 reached out to the Lake Oswego Corporation, which declined an interview. But in a statement, board president Justin Harnish said, “The Court’s opinion makes no secret that it is trying to change decades of established law in Oregon. We think that is wrong, and we hope that the Oregon Court of Appeals and Supreme Court will respect local governments and the long-recognized property rights of Oregonians. In the meantime, we remain willing to work with all interested parties to try to find a solution that works for everyone.”

FOX 12 also reached out to the city of Lake Oswego for this story. The city did not respond to our request for an interview. Rather, it sent a statement that reads quote, “On November 13, Clackamas County Circuit Court Judge Kathie Steele issued an opinion in the Kramer v. State of Oregon and City of Lake Oswego case which the City is currently reviewing with its legal team. The City of Lake Oswego appreciates the judiciary and the advisory jury dedicating resources to this important matter.”

Now, Prager said he hopes the court’s decision is a lasting one and that it sets a precedent that protects public access to Oregon’s waterways and beaches.

“My biggest hope and frankly disappointment through this whole thing is the city of Lake Oswego’s continual use of public taxpayer dollars to protect a private corporation’s -- now what we know as -- illegal monopolization of a public lake,” Prager said.