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Bar Harbor Cruise Limits to Face Authorized Challenges


A bunch of companies in Bar Harbor, Maine, is suing the city over an ordinance that limits the variety of cruise ship passengers to a most of 1,000 per day. The companies filed a lawsuit in federal court docket final week claiming that the ordinance violates federal maritime legal guidelines and a number of other clauses within the US Structure. 

The companies embody retail shops, eating places, and corporations that function privately-owned piers and tender boats that ferry passengers from the ships to Bar Harbor, affected by the referendum handed in November final 12 months.

Bar Harbor Sued by Native Companies

Bar Harbor is a well-liked port for cruise ship passengers all through the autumn, when cruise strains supply standard cruises alongside the US and Canadian japanese seaboard. Customer numbers from cruise ships often surpass the variety of individuals residing within the city, which has change into a scorching subject within the final 12 months. 

An ordinance was handed within the earlier 12 months in November that restricted the variety of day by day guests from cruise ships to 1000 per day. The referendum that led to the ordinance was initiated by a citizen’s petition earlier in 2022. 

Nonetheless, native companies now argue that the ordinance falls foul of the arguments offered within the petition, which argued that cruise ship passengers considerably impression the city’s providers and surroundings greater than different guests.

“The aim part of the initiative was asserting that in some way individuals who get off cruise ships have a higher impression on metropolis providers, city providers, well being providers, the surroundings of the city, than individuals who arrive by all different technique of conveyance, together with vehicles,” mentioned lawyer Tim Woodcock, who represents the plaintiffs. 

Bar Harbor, Maine
Photograph Credit score: Darryl Brooks / Shutterstock

The lawsuit itself reads as follows: “This Grievance challenges, underneath the Structure and the legal guidelines of the USA, the legality of efforts to all however shut the port of Bar Harbor to cruise ships engaged within the interstate and international commerce of the USA,” 

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“The 1,000-person disembarkation restrict, which covers passengers and crew, is antithetical to the Supremacy and Commerce clauses of the U.S. Structure and the resultant complete federal regulatory scheme that governs the operations of cruise ships and maritime amenities.”

The native council had anticipated a lawsuit and believed implementing a brand new system to rely and monitor disembarking cruise ship passengers could possibly be troublesome. 

Nonetheless, one of many leaders of the unique petition says they are going to be preventing the lawsuit, and the arguments made are: “spurious makes an attempt at big-word bullying by massive companies determined to take care of their longstanding financial exploitation and colonization of regular residents and communities.

Cruise Strains Not Glad With Resolution

Bar Harbor, Maine, is a well-liked vacation spot for cruises, because it provides lovely pure environment, charming New England attraction, and varied leisure and cultural actions. Almost all main cruise strains supply cruises to the quaint little city, and the choice of not crusing right here is not going to sit properly within the government workplaces.

Cruise Ship in Bar Harbor, Maine
Photograph Credit score: Darryl Brooks / Shutterstock

The Cruise Strains Worldwide Affiliation (CLIA) known as Maine a marquee vacation spot final 12 months and repeated the significance of the vacation spot to cruise strains. It’s not unlikely that CLIA, at a minimal, shall be stepping in in some unspecified time in the future and providing up its opinion on the matter. Nonetheless, it might want to take into account that many locals haven’t any want to see cruise ships within the city.

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In a survey in 2021, 55% of respondents mentioned cruise ship tourism is extra unfavorable than optimistic for Bar Harbor. Solely 35% understand it as extra optimistic than unfavorable. There’s nonetheless time for the native companies and petitioners to seek out widespread floor and agree on one of the best ways ahead.

The petition permits for a gradual transition, which means any cruise ship calls booked earlier than spring 2022 will nonetheless be permitted. From 2024, the utmost restrict of 1000 friends per day shall be totally carried out. 

Bar Harbor Cruise

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