BREAKING NEWS: APPLL suffers another setback; appeal court denies injunction bid
BAR HARBOR, July 31, 2024 - The U.S. District 1 Circuit Court of Appeals today denied APPLL’s request for an injunction to halt implementation of the town’s citizen approved ordinance to cap cruise ship passengers disembarking in town.
Without comment, the three-judge panel stated in one sentence:
“The renewed Joint Motion for Injunction Pending Appeal is denied for failure to meet the standard for issuance of such relief.”
That means the lawsuit will proceed, but without a court order delaying the ordinance which was approved by citizens Nov. 8, 2022.
However, the Town Council itself, as a co-defendant, delayed implementation after U.S. District Court Judge Lance Walker ruled in favor of the ordinance Feb. 29. The council stated it was too late to implement the ordinance for the 2024 season and that it would unfair to the cruise ship industry. The ordinance had placed a 1,000 a day limit on disembarking passengers.
Lead citizen petitioner Charles Sidman, co-defender with the town, has won virtually every court decision in the suit brought by Association to Preserve and Protect Local Livelihoods, the local businesses who fear loss of revenue from passenger limits.
Sidman originally sued to ensure the town defended the ordinance, and was granted defendant intervenor status by Judge Walker.
When the council delayed implementation, Sidman filed several lawsuits to reverse the council decision. Those suits are pending. On July 11, Sidman won a ruling from state Superior Court Thomas McKeon, who found enough cause for Sidman’s claim against the town to proceed.
The matter has been further complicated by the council’s additional efforts to seek a repeal of the citizens ordinance in the coming November elections as it seeks an alternative way to limit passengers other than using the land-use ordinance.
Please keep the pressure on and keep talking about how the APPLL is in the pocket of the cruise ship industry, one of the biggest polluters on MDI. Friends of Acadia should be supporting this effort to stop the ships. Their mission is "To preserve and protect Acadia National Park and surrounding communities".
I wonder if Friends of Acadia has any concerns at all about the cruise ships blighting the views from the Park and emitting toxic fumes next to the Porcupine Islands. I wonder if the cruise ship industry
or businesses that directly profit from the mega cruise ships visiting Bar Harbor donate to either the Park or FOA. I wonder if the Park’s position on cruise ships, which I understand they do not see a reason to have any position on them, is follow ed by Friends of Acadia. I would think the Park andFriends of Acadia would be highly concerned by degradations of the beautiful coastline and pollution. I have never heard of a Park official publically stating any concerns about these large white beasts roaming around the local waters which are an essential part of Acadia National Park.
Good point , Mr. Leisenring.