CARRIE JONES

MAR 2, 2024

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BAR HARBOR, ME – The Association to Protect and Preserve Local Livelihoods (APPLL) said Saturday that it will appeal Judge Lance Walker’s ruling after learning he ruled in favor of the Town of Bar Harbor. 

“We have just learned of the judge’s decision and are collectively reviewing the ruling,” said Kristi Bond, APPLL president, and a Bar Harbor small business owner. “It is already difficult to own a business and afford to live here. With the possibility that cruise ships will disappear forever, the likelihood of greater difficulties just became very real. We have spent our entire lives building our businesses. It is a fact that the positive economic impact that cruise ships have on Bar Harbor, and throughout the State of Maine is critical to many small businesses. This ruling, if it stands, will make the lives of small business owners and their employees in Maine much more difficult.  We will appeal Judge Walker’s decision to the US First Circuit Court of Appeals.”  

The group’s statement says, “As detailed in courts filings, the initiative would eliminate cruise ships from visiting Bar Harbor permanently.”

In November 2022, Bar Harbor’s voters passed a citizen’s petition by Charles Sidman and several other residents, 1,780 to 1,273.

That petition restricted cruise ship passengers coming ashore each day to no more than 1,000 without fines. Some businesses involved with the cruise ship industry and the Penobscot Bay Pilot’s Association all objected to the decision and brought the case to federal court in December 2022. It went to trial in July 2023. BH Piers and Golden Anchor, Bar Harbor Whale Watch; and the Association to Preserve and Protect Local Livelihoods, a nonprofit of Bar Harbor business owners were a part of the suit. Sidman was also involved as an intervenor. The ruling by Walker spoke significantly to local control and home rule.

“We were very careful to make sure our opposition to the citizens petition was to keep the long established Town controls in place. It was never about removing local control. We always have, and always will, support the collaborative efforts to maintain balanced visitation in our community. We live here, too.” said Bond 

Shawn Porter, an APPLL board director and local business owner said,  “As difficult as it was to take this petition to court, we were overwhelmed by the amount of support we received from all parts of the community. I think many people were surprised at the impact this petition will have. We are not certain that, although voters approved the petition, they meant to eliminate almost all cruise ships.”  

“Clearly the hidden intent of restricting the number of passengers who can disembark down to 1,000 persons per day was to eliminate almost all cruise ships that visit Bar Harbor. 90-95% of cruise ship passengers that visit Bar Harbor do so on ships with a capacity greater than 1,000. It would be unfair to expect any cruise line to pick and choose which of their guests could come ashore. The loss of cruise ship passengers will have a devastating effect,” said Bond.

The APPLL release reads, “According to a study done by Professor Todd Gabe at the University of Maine, cruise ship visitors represent about $20-30 million to the town’s economy. Without cruise ships stopping in Bar Harbor, those dollars will go elsewhere. This will result in the loss of many jobs and permanently harm many small business owners, their employees, and families.”

The plaintiffs had argued that the new rules, violate the Supremacy Clause of the U.S. Constitution; Commerce Clause of the U.S. Constitution, and violated the Maine Constitution by interfering “with the Maine legislatures’s comprehensive and exclusive regulatory scheme for state pilotage” and that it “frustrates the purpose of Maine’s economic and community development statues.” Walker disagreed with the plaintiffs fully on most arguments.

UPDATE:

On Saturday, March 2, at 6 p.m. Eaton Peabody released the following statement,

“Bar Harbor: The plaintiffs in APPLL et al vs. Bar Harbor are disappointed with the decision  handed down on Thursday (February 29, 2024, as amended and reissued on March 1, 2024) by Judge Lance Walker ruling against their constitutional challenges to Bar Harbor’s cruise ship ordinance.

“The Bar Harbor ordinance was designed to bar a whole category of the transportation sector—traditional cruise ships—from coming to Bar Harbor.  Plaintiffs contend, and continue to contend, that this sweeping ban violates the U.S. Constitution.   Plaintiffs disagree that Bar Harbor’s exercise of this authority is only a matter of “home rule” under Maine law.

“Accordingly, Plaintiffs will appeal Judge Walker’s decision  to the US First Circuit Court of Appeals.

“’The ordinance reaches well beyond the town limits of Bar Harbor to effectively prohibit these cruise ships from coming to Bar Harbor at all.  We remain confident that the exercise of this kind of wide-ranging power—severely limiting the numbers of persons who can disembark from a cruise ship in a single day—by local governments is limited by constitutional restraints,’  Timothy Woodcock, Eaton Peabody attorney for APPLL said.

“’While we respect Judge Walker’s decision, we believe that, on appeal, APPLL’s claims will be upheld.’”

On March 4, the Bar Harbor Chamber said,

“The end of last week brought about a decision on the future of visitation in Bar Harbor. For many, it is causing a wide range of emotions and feelings about what the present and future holds. Our mission at the Bar Harbor Chamber of Commerce has always been to promote the business interests of Bar Harbor, improve the general welfare of our community, and provide exceptional visitor services to all who come to Bar Harbor and the surrounding areas. We have and will continue to work with our members and partners, to ensure that Bar Harbor remains a vibrant town with a strong economic future. As we continue to chart what tomorrow holds, our doors at the Chamber are always open to help, to listen, and to serve. Over the next few weeks, we will continue to watch as new developments arise and work together on the next steps forward.”

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LINKS TO LEARN MORE

We have reached out to the town and Charles Sidman for statements about the potential appeal and had not received any as of press time or as of Monday.

For more information, you can visit the APPLL website at www.appll.me.

Bar Harbor statement.

To read Walker’s decision in full

Judge Finds for Bar Harbor in Cruise Ship Case

CARRIE JONES

FEB 29

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