BAR HARBOR, Dec. 1, 2023 - US District Court Judge Lance Walker today ruled in favor of the town and citizen petitioner Charles Sidman to strike arguments made by plaintiffs, in the lawsuit brought by APPLL to reverse the cap on cruise ship passenger limits.
The procedural ruling is not an indication of how Walker will ultimately rule in the case.
Walker agreed that the latest brief filed by the plaintiffs was not about issues in the case and that they introduced new evidence after the period for such arguments had passed.
Among materials thrown out by the judge:
Evidence that Holland America and Norwegian Cruise Lines had already changed their itineraries for the Canada/New England market in 2025.
The plaintiff Pilots' argument that the town requiring that cruise ships make reservations with the local harbormaster, or the harbormaster assigning ships to one of the federal anchorages, is unconstitutional.
“This argument, like the exhibit on which it is based, is not properly before this Court, and should be disregarded,” lawyers for the town and Sidman had argued.
“Even if this argument were properly before this Court, it has no relevance to the question in this case, which is the constitutionality of the Ordinance. The Pilots’ newly raised argument relates to different ordinances and regulations that, by its own admission, have not been enacted, and a pre-existing reservation system not imposed by the Ordinance and not challenged in this suit.”
Walker allowed briefs to be filed after a three-day trial in July but restricted them to expanding upon existing arguments and not to introduce new ones.
The Association to Protect and Preserve Local Livelihoods consists of hotel owners, restaurants and Ocean Properties, which operates the only passenger ferrying service in Bar Harbor.
APPLL is seeking to overturn the ordinance passed overwhelmingly by voters last November to place a 1,000-a-day passenger cap instead of the current practice of 5,500.
The town ordinance is an amendment to the land use ordinance prohibiting any property owner from disembarking more than the cap or face a fine.
APPLL sued on grounds that the town ordinance is a violation of interstate commerce laws.
What’s curious, Ocean Properties (OPL) hiding behind APPLL when in Key West, OPL took the lead after Key West voted overwhelmingly to restrict cruise ship activities and a court ruling upheld the vote. Mark Walsh, OPL’s CEO donated $995,000 to the Ron DeSantis presidential campaign. DeSantis then went to the Florida Legislature where they passed a law making it illegal for a local initiative to impact maritime activities, negating three separate referenda votes, two of which passed by 60% and one by 80%. So much for the will of the people.
Also, listing hotel owners as members of APPLL is a head scratcher for too obvious a reason to mention and aside from an occasional lobster roll, visitors exclusively eat and drink on board. Here’s hoping Judge Walker will see the Key West decision upholding their vote as a precedent and the will of the people will prevail. APPLL has deep pockets and it’s no mystery who’s footing the bill for their lawyers; it’s the owners of the town’s only passenger ferrying service that gets 100% of the take and intends to keep its cash cow contented. They also have revenues of $500 million annually reliably estimated by head hunters who are constantly recruiting management talent for their four hundred or so properties worldwide. To OPL it’s just another business expense. Not so for Bar Harbor’s beleaguered taxpayers that have spent over $200,000 and counting defending their vote. Finally, there’s much more than money at stake. The cruise industry is a serial killer. The environmental damage this industry does enables first world people to fiddle while the planet burns.
Another step forward.
ThankYou Charles Sidman for your diligence and fortitude!