Appeals Court Upholds Bar Harbor’s Cruise Ship Passenger Limit: A Key Decision for Local Tourism and Conservation

The 1st U.S. Circuit Court of Appeals has affirmed Bar Harbor’s ability to enforce a limit on the number of cruise ship passengers who can disembark each day. This ruling supports a previous decision by a federal district court regarding an ordinance passed in a local referendum three years ago, which capped the daily number at 1,000.

On record, over 270,000 cruise passengers visited Bar Harbor in the year the ordinance was proposed. The decision to limit passenger numbers was made in response to congestion complaints during peak cruise season when more than 150 ships, some carrying thousands, frequently docked.

While the town expressed concerns about potential legal challenges and the enforceability of the ordinance at private docks, the measure was ultimately adopted.

A lawsuit was filed by several local businesses and groups, including the Association to Protect Local Livelihoods, challenging the ordinance on grounds that it interfered with interstate commerce and violated federal laws by imposing additional requirements for entry into the U.S.

U.S. District Judge Lance Walker ruled in favor of Bar Harbor, determining that the town has the authority to regulate these disembarkations under home rule. The Appeals Court upheld this judgment but has requested that the lower court further evaluate whether the ordinance is excessively burdensome regarding interstate commerce and whether it successfully meets the town’s objectives without being overly restrictive.

The Appeals Court’s decision indicates it will explore whether the daily cap materially affects other coastal towns that rely on cruise tourism and if less restrictive measures could accomplish the same goals of reducing congestion.

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