Lawfare on the lakes, part two

WAUPACA – The Towns of Farmington and Dayton each received a notice of claim from the law firm Weld Riley. It is a procedural document that is required to be sent before a lawsuit. It allows the receiver to investigate or settle or merely be informed of the claim. The notices were in regard to the 2024 ordinances passed regarding wake boating on local waters.
In July of 2024, the Townships of Farmington, Dayton and Lind unanimously passed ordinances to prohibit wake boating on lakes within their jurisdiction. The Town of Lind did not receive a notice of claim.
The passing of the ordinance in 2024 was a culmination of packed town hall meetings and standing-room-only public hearings over the course of many months. The people against wake boating on the Chain O’ Lakes greatly outnumbered a small group of boaters that practice this water sport that creates artificially enhanced waves that erode the shoreline, stir up the lakebed and endangers other boaters. One survey showed 86 percent in favor of banning wake boats, in another survey it was 96 percent.
The ordinance states: “The intent of this ordinance is to provide safe and healthful conditions for the enjoyment of aquatic recreation consistent with public rights and interests and the capacity of water resources which impact aquatic vegetation source for fish and wildlife, and to minimize shoreline erosion.”
Weld Riley is the same law firm that represented the wake-boating group in 2024. The attorney that signed the notice of claim, Anders Helquist, was the same attorney tackling the case in 2024.

This time, he is representing a group called the Lake Days Alliance, a nonprofit corporation that shares the same Eau Claire address as the law firm.
The notice of claim states that the ordinance was unlawful, unreasonable and arbitrary. The document defines wake boating and surfing and describes the topography of Rainbow, Columbia, Round and Long Lakes. The document cites various related cases and the Public Trust Doctrine. It attacks previous research about the harmful effects of artificially enhanced wakes and says that the ordinance denies wounded veterans to engage in this “therapeutic water sport.”
The document claims the members of the wake-boating group were harmed and demands a repeal of the ordinance and will sue for millions of dollars in damages and emotional distress, attorney fees and boat-docking fees.
“It’s to scare the people, they are banging on the table,” said Fred Silloway, Chairman of the Waupaca Chain O’ Lakes District, who also noted that the townships have insurance to cover legal problems.
As of now, eight notices of claim have been filed statewide and only two have proceeded to a lawsuit in the Town of Scott in Burnett County and Elkhart Lake in Sheboygan County. In each case, the town’s insurer took over the case, provided the attorney, and is covering all costs.
“The industry and its supporters have filed several lawsuits. In no instance has the court supported the wake surfers. Yet they continue to try. Why? Because it is cheap for them to try to terrorize towns. They don’t bring these cases and make these threats because they think they can win; they do it to intimidate other towns,” said Silloway.
One case was decided in Wisconsin that was brought forth by Weld Riley and it was filed against the Town of Manitowish Waters. The court decided in favor of the town and dismissed the case. The challengers did not make an appeal.
“If Farmington were to rescind the ordinance while the conditions that led the town to pass the ordinance were in the interest of public health, safety, or welfare, including the public’s interest in preserving the state’s natural resources, and someone were to get hurt, the town would have made a tragic mistake with potential for significant legal consequences,” said Dan Johnson, President of the Waupaca Chain O’ Lakes Association.
So far in Wisconsin, 86 ordinances have been enacted state-wide. Of those, 22 were passed in 2024. The next year, 38 were put into law and this year, eight more have been added to the list.
“During the public survey process related to the ordinance, I learned that many others had experienced similar incidents and close calls, ranging from injuries to dangerous situations involving skiers and smaller watercraft. The Towns of Dayton, Farmington, and Lind did the right thing by passing this ordinance. They put the safety and enjoyment of all lake users first — not just shoreline property owners. These lakes belong to everyone who comes here to boat, fish, swim, ski, kayak, and spend time with family. Public safety and responsible shared use should come before the interests of anything else,” said Brian Fielkow, a Waupaca-area property owner and author of Making Safety Happen, a book about building a culture of safety for organizations.
His wife was severely injured when they hit a big wake while boating on the Chain O’ Lakes. The impact shattered the boat windows and sent broken glass everywhere.
For the Monday, May 18 Farmington Town Board meeting, the wake boating topic is listed under New Business as item 11, “Discussion on Farmington’s Wake Boat Ordinance.” The meeting starts at 6:30 p.m.