Bar Harbor Cap Survives Appeal

Bar Harbor Maine’s controversial daily limit of 1,000 cruise passengers coming ashore will remain in place, following a key federal appeals court decision — though one legal question remains unresolved. On August 11, 2025, the U.S. Court of Appeals for the First Circuit upheld most of a lower court ruling in favor of the ordinance, which was approved by local voters in 2022 to curb congestion in the busy port town and gateway to Acadia National Park. Supporters argue the cap protects residents’ quality of life and enhances the visitor experience, while opponents say it risks hurting tourism revenue. The three-judge panel — Chief Judge David Barron, retired U.S. Supreme Court Justice Stephen Breyer, and Judge William Kayatta — agreed Bar Harbor has the authority to enforce the restriction, finding that federal laws on ports, navigation, or immigration do not preempt it. However, the court sent part of the case back to U.S. District Judge Lance Walker to re-examine whether the ordinance places an “excessive burden” on interstate commerce compared to its benefits for the town. The dispute began in 2022 when residents placed the measure on the ballot, passing it with 58% of the vote. The 1,000-passenger daily limit was scheduled to take effect with the 2024 cruise season, running each year from spring through fall. Would you like to visit Bar Harbor? Email chillie@bookalaska.net