Reason prevails; Summerfest deal reached

So an agreement was reached, which is certainly preferable to legislative action over some silly local fireworks dispute.

But before anyone gets too euphoric, bear in mind that Summerfest has a long history of saying one thing, or even agreeing to one thing, and doing another.

This agreement takes Summerfest's Don Smiley at his word that the festivals will only need a piece of the island to stage fireworks displays, and can do them in a few hours' time. We'll see.

More likely, what's just happened is that Milwaukee World Festivals has just gotten its nose inside the tent, and will wriggle the whole camel in little by little.

The state has already violated the Public Trust Doctrine to accommodate the festivals. I predict that won't be enough, and they'll be back for more and more. Watch and see.

UPDATE: I wrote the post above on Friday afternoon. Now, in Saturday's Journal Sentinel story, it's clear the process I described has already begun. It's described now as a "tentative agreement," with a memorandum of understanding to be worked out during the next few months. Want to bet the final document gives Summerfest more leeway?

More disturbing, however, is this:

Although the agreement ensures Summerfest's use of the island park for its fireworks displays, [Summerfest Board President Howard] Schnoll and others expect to continue pursuing other events and activities for the park.

A "wish list" prepared by Milwaukee World Festivals in 2004 includes sporting events, amusement ride areas, vendor booths, installation of bleachers and public parking for events on the island.

"There may be some things in there that we will try to do," Schnoll said. "We want to understand the DNR's situation and have them understand ours, to see if there are things that can work for everybody."

Eric Skindzelewski, the 25-year president of Lakeshore Fisherman Ltd., said those uses would violate the state constitution, which provides free public access to the state's waterways.

Skindzelewski is skeptical of the agreement reached Friday and pledged to continue fighting attempts to close off the island for events that require admission or otherwise restrict public access.

UPDATE 2: The Journal Sentinel manages to totally miss the point in a Sunday editorial, saying the choice was between fireworks and no fireworks. There were going to be fireworks at the festivals no matter the outcome. The only question was whether Summerfest might have to go to a little more trouble, and perhaps some added expense, to shoot them off. Summerfest's Don Smiley acknowledged that the Big Gig, with its multi-million dollar budget, clearly could afford a barge. And the ethnic festivals had other options besides using the state park. The Summerfest fog machine totally enveloped the JS, which has a history of being a willing accomplice of the Magic Kingdom.

UPDATE 3: OK, so maybe it doesn't rank up there with the war in Iraq as an issue, as the Widgerson Library & Pub points out with some humor.

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DNR NEWS RELEASE:

MADISON -- The Department of Natural Resources today announced that it has reached an agreement with Milwaukee World Festival, Inc on the limited use of fireworks from Lakeshore State Park in Milwaukee.

"I appreciate Milwaukee World Festival working with us to reach an agreement on the fireworks," said Scott Hassett, DNR Secretary. "I knew that there was room to continue the great fireworks tradition and still allow people to use their state park."

Under the agreement, DNR will allow the use of three acres of the 17 acre park for fireworks for the five ethnic festivals and Summerfest. The festivals will be allowed to limit access for 3-1/2 hours for each fireworks event. Both Summerfest and the ethnic festivals will be responsible for cleanup after the events and the repair of any damage to park property.

The compromise agreement also directs stakeholders and user groups to convene after the first fireworks season to discuss public satisfaction and acceptance.

'Gov. Doyle directed us to get this done, and it's great that we've come to an agreement," said Hassett. "That's the way negotiation is supposed to work. Now park users and fireworks buffs both win. There was never any doubt in my mind that fireworks would continue on the lakefront."

DNR and Milwaukee World Festival, Inc. will continue to work out exact details of the agreement, which will be effective before the start of next year's festival season. In addition, discussions will continue over alternatives for the future.