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Bar Harbor businesses ask court to halt enforcement of cruise ship ordinance

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.

A group of Bar Harbor businesses is asking a federal court to suspend the town's limit on cruise ship passengers until a legal dispute is resolved.

The Association to Preserve and Protect Local Livelihoods first sued the town over the 1,000 person daily cap in federal court. A U.S. District judge sided largely with the town, but opponents said the decision means the ordinance is not enforceable as written.

Eben Salvatore, a member of the association, said the limits have already had a detrimental effect on the 2025 cruise season, with a significant decline in ships planning to come to Bar Harbor.

"Those are all really, really bad things for businesses, for taxpayers, for their families, for employees, etc," he said.

Salvatore said the only way to amend the language of the ordinance is through a town referendum, and his group is asking for a ruling from the circuit court to suspend enforcement.

Resident Charles Sidman, one of the authors of the ordinance, said he will vigorously oppose the challenge, and that the majority of residents still support the ordinance.

"We're not backing down an inch," he said. "I think we're proceeding satisfactorily and we're making some changes that are necessary."

The association argues an earlier court decision, which largely sided with the town, means the ordinance is not enforceable as written, and can only be amended through a referendum.

Sidman, meanwhile, has filed suit against the town, alleging it has failed to follow the enforcement processes laid out in the ordinance.

Town Council Chair Valerie Peacock did not immediately respond to a request for comment.

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