PORTLAND, Maine (Legal Newsline) — Business owners in Bar Harbor, Maine, are alleging a town ordinance limiting the number of persons disembarking from cruise ships is unconstitutional.
Association to Preserve and Protect Local Livelihoods, B.H., Piers LLC, Golden Anchor LC and others filed a complaint Dec. 29 in U.S. District Court for the District of Maine against Town of Bar Harbor, alleging violation of the Commerce Clause of the United States and other claims.
The plaintiffs claim in their class action that Bar Harbor's Special Use Ordinance Amendment passed in November of 2022, which limits the number of persons allowed to disembark from cruise ships, is unconstitutional. Specifically, they allege the ordinance's 1,000-person disembarkation limit, including passengers and crew, is a "comprehensive federal regulatory scheme" that "impermissibly" bars cruise ships and maritime facilities from their operations in the Port of Bar Harbor.
They also allege the ordinance prevents them from engaging in their federally approved operations. The plaintiffs claim the ordinance will also have impacts outside Bar Harbor and Maine and cause a disruption to cruise ship commerce across the Eastern Seaboard.
They also claim Bar Harbor's ordinance discriminates against interstate and foreign commerce as well as having an economic impact on Bar Harbor's restaurants, retail and tour-based businesses.
The plaintiffs seek monetary relief, interest and all other just relief. They are represented by Timothy Woodcock, P. Andrew Hamilton and Patrick Lyons of Eaton Peabody in Bangor.
U.S. District Court for the District of Maine case number 1:22-CV-00416-LEW