A jury in Clackamas County has determined that the city of Lake Oswego lacks sufficient reasons to prohibit public access to the waters of Oswego Lake at Millennium Park Plaza. However, the jury found that banning public entry into the water at the adjacent Headlee Walkway and Sundeleaf Plaza is justified due to specific factors, including the design of these areas.
Nadia Dahab, attorney for Lake Oswego residents who filed a lawsuit in 2012 demanding lake access, argues that the city cannot restrict access to the waters of Oswego Lake without a valid reason. The lawsuit has reached the Oregon Supreme Court and back without a conclusive ruling.
The city maintains that it has several reasons for prohibiting public entry into the water at public access points, such as public safety, invasive species prevention, and the potential for lawsuits. The jury did not consider all of the city’s justifications but did find that the design of Sundeleaf Plaza and Headlee Walkway, featuring a seawall and metal fence, respectively, makes banning access reasonable.
Millennium Park, on the other hand, has no barriers between the waterfront and the lake, leading the jury to recommend against a public access ban in that area.
Lake Oswego Mayor Joe Buck and Lake Oswego Corporation General Manager Jeff Ward declined to comment due to the ongoing litigation. City spokesperson Madison Thesing expressed gratitude for the jury’s consideration and acknowledged the complex nature of the decision.
However, it is possible that appeals will follow once Judge Steele issues her final ruling. Appeals could prolong the process significantly.
