Cruise Passenger Cap in Bar Harbor Survives Appeal...

Key Elements:

• Bar Harbor’s 1,000-passenger cap has been upheld by the US Court docket of Appeals.
• Nonetheless, the ruling sends one clause again to the decrease courtroom for additional evaluation.
• The dispute started with a 2022 voter-approved referendum and doesn’t seem like ending quickly.

Bar Harbor, Maine, can hold its controversial 1,000-person day by day restrict on cruise-ship passengers disembarking. A minimum of for now.

The US Court docket of Appeals for the First Circuit upheld most of a call in a ruling issued August 11, 2025.

The ordinance, first authorised by native voters in 2022, is designed to cut back passenger congestion within the city that serves as a gateway to Acadia Nationwide Park by limiting the quantity of people that can come ashore.

Whereas supporters say it protects the standard of life for residents and improves the customer expertise, opponents argue it slashes tourism income.

The appeals courtroom, in an opinion from Chief Choose David Barron, retired Supreme Court docket Justice Stephen Breyer, and Choose William Kayatta, agreed… for probably the most half.

The judges say Bar Harbor has the authority to impose the restriction, and federal statutes regulating ports, navigation, or immigration don’t override it.

“We largely affirm the District Court docket’s ruling in favor of the defendants as to those claims, however we do vacate and remand a portion of it,” the opinion states.

Which means the courtroom despatched one a part of the case again for additional evaluation, saying the decrease courtroom didn’t go far sufficient in weighing whether or not the ordinance creates an “extreme burden” on interstate commerce in comparison with the advantages it supplies to the city.

Now the case heads again to US District Choose Lance Walker, who should check out how the ordinance impacts the cruise business and regional tourism in contrast with its native advantages.

Years of Authorized Battles Not Over But

The dispute over Bar Harbor’s cruise-ship passenger cap started in 2022, when residents gathered sufficient signatures to position a referendum on the poll limiting day by day disembarkations to 1,000 passengers.

The measure handed that November with 58 p.c of the vote, and city officers scheduled the cap to start throughout the port’s 2024 season, which begins within the spring and ends within the fall.

This is able to give the cruise business and native companies time to regulate. Nonetheless, a recount rejected the vote.

That very same month, opponents filed a federal lawsuit saying cruise ships calling on the port typically introduced between 2,000 and 4,500 passengers at a time, far exceeding the brand new restrict.

In February 2024, Choose Walker upheld most of the ordinance, however the battle didn’t finish there. In 2024, the city cited Golden Anchor, proprietor of the Harborside Resort & Marina, for permitting passengers to disembark with out permits.

By March 2025, Bar Harbor had filed a $4 million lawsuit in opposition to the corporate, alleging practically 98,200 passengers got here ashore in violation of the brand new ordinance.

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In the meantime, appeals in the primary case continued, and with the brand new ruling, will proceed. Choose Walker’s subsequent findings will undoubtedly upset one aspect of the argument and ship the ruling to appeals once more.

With the entire turmoil, many cruise traces have steered away from Bar Harbor. Nonetheless, the port is welcoming common arrivals from Norwegian Cruise Line’s 3,903-guest Norwegian Getaway and a couple of,344-passenger Norwegian Gem.

Seabourn’s 458-guest Seabourn Sojourn, Regent Seven Seas’ 750-passenger Seven Seas Splendor, and Crystal Cruises’ 740-guest Crystal Serenity are additionally crusing to the port, profiting from having smaller capability ships which might be allowed to name.

Cruise Passenger Cap in Bar Harbor Survives Appeal, But Fight Continues

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