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Trial over Bar Harbor cruise ship passenger ordinance to begin Tuesday

A tender boat approaches alongside the Nieuw Statendum, a 2,666-passenger cruise ship, which anchored in Frenchman's Bay off Bar Harbor.
Nicole Ogrysko
/
Maine Public
A tender boat approaches alongside the Nieuw Statendum, a 2,666-passenger cruise ship, which anchored in Frenchman's Bay off Bar Harbor.

The legal challenge of a town ordinance limiting the number of cruise ship passengers allowed in Bar Harbor will begin next week.

After months of preparations, trial proceedings begin Tuesday for a lawsuit pitting Bar Harbor businesses against the town. The businesses sued the town over an ordinance that limits the number of visitors who arrive by cruise ship to 1,000 a day.

They say the ordinance violates federal maritime law, as well as the commerce and due process clauses in the U.S. Constitution. And they say the town does not have the authority to limit those travelling to the area by cruise ship.

Valerie Peacock, the town council chair, said she could not comment on the specifics of trial strategy. However, the town is hoping the court will come down on the side of local control.

"But I can say that as a council we are looking to support and defend our home rule ability to manage cruise ships here," Peacock said.

The trial will begin Tuesday in Bangor, before U.S. district court Judge Lance E. Walker.

Kaitlyn Budion is Maine Public’s Bangor correspondent, joining the reporting team after several years working in print journalism.