A new lawsuit filed by a watersports group argues an ordinance passed by a Wisconsin village is an illegal and unconstitutional ban on wake surfing and wake boats.
Elkhart Watersports Alliance, Inc. filed the lawsuit against the village of Elkhart Lake in Sheboygan County and its trustees on April 20. The group represents 14 members who use wake boats and wake surf on Elkhart Lake.
In its complaint, the alliance claims the ordinance violates state law, the Americans with Disabilities Act and the constitutional rights of members under the Public Trust Doctrine and U.S. Constitution. The group’s attorney Anders Helquist said in the filing that the ordinance outright bans rather than restricts wake surfing and wake boats.
“As a fisherman with a 16-foot fishing boat, the same bad science used to target wake boats in a 120-foot-deep lake can be used by any town or village to target fishing boats and pontoons, and we look forward to defending boaters’ rights in Wisconsin to overturn the Village’s illegal ban on Elkhart Lake,” Helquist said in a statement.
Lynn Shovan, president of the village board, didn’t respond to WPR’s requests for comment. Shovan told TMJ4 News that the village is confident in its ordinance, saying there’s no merit to the allegations.
Wake surfing and wake boats are stirring controversy on Wisconsin lakes as the sport has grown in popularity. Wake boats have ballast tanks or other features that enhance the boat’s wake, creating large waves for people to surf but potentially damaging shorelines and lake ecosystems along with disrupting other activities on the lake.
In November, the village passed an ordinance to restrict wake enhanced boating that barred the use of ballast tanks or fins to operate boats in a way to increase wake size. Village officers would enforce the ordinance, and penalties range from a $500 fine for the first offense to a $1,000 fine for subsequent offenses within one year.
A photo from May 25, 2025, shows few boats on Elkhart Lake in Sheboygan County. Source: Screenshot from lawsuit filed by Elkhart Watersports Alliance
When the ordinance passed, Shovan said the village was trying to protect the health of the lake, citing safety and potential effects on the lake bottom. Chet Gerlach, who lives in the village, said he supported passage of the ordinance and hopes the lawsuit is unsuccessful.
“Elkhart Lake is the greatest resource that the village has, quite frankly,” Gerlach said. “The idea of keeping it safe and clean and making sure that the property of people who live on the lake aren’t negatively impacted makes a whole lot of sense.”
Helquist argued the village rejected compromise and science that showed no harm stemming from wake boats or wake surfing on Elkhart Lake. The complaint pointed to data from the Wisconsin Department of Natural Resources that shows a moderate amount of nutrients in the lake, rating water quality as “excellent.”
The complaint states wake surfing supporters proposed an alternate ordinance in September that would require boats to operate at least 300 feet from shore in waters at least 20 feet deep. The proposed depth is in line with recommendations from a study conducted by the St. Anthony Falls Lab at the University of Minnesota. However, a previous study by the same researchers recommended distances greater than 500 feet for wake boats while wake surfing.
Wake surfing supporters conducted their own study that compared the effects of tubing and wake surfing at 200 feet from the lake’s shoreline, saying data and a video show tubing creates a larger wake.
