Court Upholds Bar Harbour’s Limit on Cruise Guests
The 1st U.S. Circuit Court of Appeals upheld the U.S. District Court’s decision that confirmed that Bar Harbour, Maine, can limit the number of cruise guests arriving in the town daily.
According to local sources, the case has now been sent back to the lower court for further comments and additional review.
Three years ago, Bar Harbour residents voted to limit the number of cruise passengers who can disembark in the town to just 1,000 per day.
As reported by Cruise Industry News at the time, the measure was proposed at a referendum and was endorsed by 58 per cent of the voters.
Supporters said that the town felt “overrun” by cruise ship traffic during peak summer months, which caused congestion and excessive traffic.
According to the Portland Press Herald, Bar Harbour welcomed over 270,000 cruise guests before introducing the limit in 2022.
Citing court files, the local news source said that the town typically welcomed 150 cruise ship calls per year.
A group of local businesses subsequently filed a lawsuit alongside pier owners, touring companies and the local pilotage association.
The parties allege that the ordinance breaks federal laws, including those that regulate interstate commerce, while also interfering with requirements for entrance into the United States and denying seafarers access to shore.
In 2024, a federal judge in Bangor found in favour of the town, deciding that Bar Harbour has home rule authority granted by the state.
The 1st U.S. Circuit Court of Appeals now wants the District Court to determine whether the ordinance is “clearly excessive” when it comes to regulating interstate commerce, the Portland Press Herald added.
The newspaper said that the lower court was also asked to explore whether the ordinance meaningfully advances Bar Harbour’s interest in reducing congestion and whether these results could not be achieved through less burdensome means.
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