BAR HARBOR, June 21, 2024 - Outside of the zip codes 04609 and 04644, Charlie Sidman keeps piling on the wins in the courts.
U.S. District Court Judge Lance Walker late Friday denied the request by plaintiffs suing the town for an injunction to halt the implementation of a 1,000-passenger cap on cruise ship visitation, while the matter is in appeal in front of the First Circuit Court in Boston.
Walker said the plaintiffs’ failure to “show a strong likelihood of success” on appeal formed the basis for his denial.
Walker said his discretion was “guided by the moving party’s ability to convincingly demonstrate the following: (1) likelihood of success on appeal; (2) irreparable harm absent injunctive relief; (3) a lack of substantial injury to others having an interest in the decision under appeal; and (4) service of the public interest.
“Because the likelihood of success is the weightiest factor, an injunction pending appeal is not appropriate in this case,” Walker ruled.
The plaintiffs, Association to Preserve and Protect Local Livelihoods and the Penobscot Bay and River Pilots Association, first sought an injunction at the appellate level but was told by the Circuit Court to go back to Walker first.
The plaintiffs are expected to return to the appellate court to seek an injunction.
Walker ruled against the plaintiffs on Feb. 29 on their challenge against Bar Harbor’s citizen-enacted ordinance on Nov. 8, 2022 to restrict cruise ship visitation.
Citizen intervenor Sidman and the Town of Bar Harbor are co-defendants in the appeal. The Town Council has expressed wariness in the high cost of defending the town against lawsuits on cruise ship matters.
Here is Walker’s ruling against the injunction.
Stay tuned to the QSJ for follow-ups.
Charles Sidman has done more to preserve the wishes and rights of the majority of the citizens of Bar Harbor. APPLL, a group of self serving businesses, many of whom are not actually full time residents anymore, are using their substantial profits to deplete the Town of Bar Harbor’s property tax es for their bottom lines to the detriment of the schools, maintenance, and protections. No matter who is on Town Council, the results seem to be always the same: the Town Council gives the local business bullies what they want, which is always more and more. This is why a few corporations and their associated businesses have shoved residential neighborhoods to the edges to make way for a Town stuffed with hotels, eateries, cruise ships , and tourists, not year residents.
Furthermore, the way the official Town of Bar Harbor vilifies Charles Sidman for his advocacy for year round residents is appalling. It is APPLL suing the Town and pursuing expensive litigation on the core issues. Charles Sidman is simply asking the Town to be lawful. Upholding the laws of the land is an oath that the elected Town Council all swear to. It is too bad Charles Sidman did not get elected. He is a highly effective, and believes in following the law.
The Bar Harbor town council finds itself in a virtual no win situation. AAPPL’s deep pockets, courtesy of Ocean Properties means endless appeals. The council lives in fear of additional lawsuits should they implement the ordinance. Perspective is a hard sell but the much bigger picture is protecting the democratic process currently under siege and the environment ditto. The high road beckons; too bad it’s not a Sirene’s call. MDI is a scenic outpost with clean air and water, irresistible draws when mated to a national park. What else is there? It certainly isn’t the night life and with all due respects, MDI is not exactly a shopper’s mecca, how much business restaurants do when faced with meal plan clientele–please, hard to imagine local hotels sell any rooms and all that speaks to protecting our environment so four million folks keep coming by land and the livelihoods for future generations of locals. The cruise industry as wanton polluters are clear cutting the environment and it’s time to take a stand before there’s no stand to take. It’s time for the Bar Harbor town council to protect the present and future well-being of MDI. It’s time to implement the existential spirit of Cui Bono, examine who benefits. In the present it continues the way life should be and honors the men who gifted us a national park instead of condos. It’s time for this council to establish its legacy. Fear based policy
is not the way to run our community.