A federal judge has ruled that Bar Harbor is within its rights to cap cruise shipping traffic/passenger visits at 1000 per day without violating federal laws regarding interstate commerce.
The decision, made by Judge Lance Walker on Thursday, February 29, supports the limits imposed by Bar Harbor voters in November 2022. The town implemented these restrictions following pressure to mitigate the impact of cruise ships during peak tourist seasons.
In response, a coalition of local businesses, pier operators, and tour companies filed a lawsuit against the town in 2023, alleging that the restrictions violated federal maritime law and certain aspects of the U.S. Constitution. The group, known as the Association to Preserve and Protect Local Livelihoods, argued that the limits would negatively affect their businesses.
In a detailed 61-page ruling, Judge Walker determined that the reduced limits did not amount to protectionism by favoring local businesses over out-of-state interests, which would have violated federal law.
“They have engaged in the exercise of imposing a restriction based on their first hand experience of the relative deleterious impact of high-volume disembarkations at the waterfront while remaining open to the entire world’s visitation,” wrote Judge Walker.
“In both purpose and effect, they have acted only to limit the extent to which Bar Harbor must be victim to its own success, while continuing to welcome travelers from every corner of the world.”
Judge Walker also clarified that federal law mandates the town to grant access to and from their vessels for seafarers (excluding cruise ship passengers) from the town’s waterfront. Any attempt by the town to use the cruise ship passenger cap to restrict seafarer access could potentially violate federal law.
Bar Harbor officials expressed satisfaction with Judge Walker’s ruling, stating that the town council would issue a public statement regarding the decision after consulting with legal counsel on March 4, 2024. They reiterated the town's commitment to defending its home rule authority to enact and enforce reasonable regulations for the benefit of its citizens.
Attorneys representing the local business group have declined to comment on Judge Walker’s decision, stating that they were still reviewing it.