Oswego Lake Is Public, Judge Rules As Restrictions Challenge Continue

LAKE OSWEGO, OR — People challenging the ban on the public from accessing Oswego Lake won a major victory on Tuesday. A judge in Clackamas County Circuit Court ruled that there may be issues with the legality of the ban.

At issue is an ordinance passed by the Lake Oswego City Council in 2012 that prevented members of the public from entering the lake as well as banning them from launching boats from city-owned parks.

Two people – Portland lawyer Mark Kramer and former Lake Oswego Planning Commissioner Todd Prager – took the city and the Lake Corporation, which manages the lake, to court.

They argued that the lake is a navigable waterway under state law. As a result, they told the court, the city could not limit public access.

The judge agreed at least partially.

"Oswego Lake's partial title-navigability, the public trust status of its waters, and the specific circumstances here create a public right of access to the lake from the City's public waterfront park," Judge Ann Lininger wrote in her 15-page decision.

"Any State or City interference with public's right of access to Oswego Lake must be objectively reasonable given the purpose of public trust doctrine and the specific circumstances."

A second phase of the trial is scheduled to begin on July 19.

Mark Kramer told Patch that while he appreciated the judge's ruling, the fight is not done.

"It is entirely possible that the City of Lake Oswego and/or the Lake Corporation (and maybe even the State of Oregon) will appeal the ultimate decision," he wrote.

"It might be a while before our victory party on the water."