Bar Harbor in limbo as legal disputes over cruise ships continue

Bar Harbor’s Cruise‑Ship Dispute Enters a New Round of Enforcement

Bar Harbor, Maine – The town of Bar Harbor is moving forward with another enforcement action against a private operator that shuttles cruise‑ship passengers to shore, marking the latest skirmish in a protracted legal battle over how many visitors the popular coastal destination should welcome each day.

The latest notice of violation, issued this month to the pier known as Golden Anchor LC, follows a similar citation handed down in the summer of 2024. Both infractions stem from the town’s 2022 ordinance that caps cruise‑ship disembarkations at 1,000 passengers daily—a measure approved by roughly 58 percent of voters. Residents, business owners and local officials are now awaiting rulings from both federal and state courts that could reshape the industry’s future in the area.

A contentious cap takes effect

The ordinance was adopted after years of rapid growth in Bar Harbor’s cruise‑ship traffic. According to town records, the number of vessels calling at the port rose to 143 in 2022, a surge that many attributed to increased congestion and safety concerns. The citizen‑initiated limit was intended to curb those problems, but its implementation has sparked a series of lawsuits that continue to linger in the courts.

One federal suit, filed by a coalition of local businesses in 2022, challenges the ordinance’s constitutionality. After a bench trial and an appeal, the case remains undecided. In May, Chief U.S. District Judge Lance Walker issued a partial ruling, declaring that the 1,000‑passenger cap is enforceable only during July and August. Charles Sidman, a Bar Harbor resident who championed the ordinance and intervened in the federal case, has asked the judge to revisit that decision; no new order has been issued.

State‑court litigation adds another layer of complexity. Bar Harbor’s regulatory framework, crafted in 2024, requires two separate permits for any cruise‑ship disembarkation. The private piers overseen by Eben Salvatore—director of operations for Bar Harbor Resorts and the primary tender operators—have never applied for those permits. The town’s citations accuse the piers of allowing passengers to disembark without authorization, a charge the business disputes.

Impact on businesses and residents

The uncertainty surrounding the cap has taken a toll on the local economy. Eben Salvatore says the ordinance has already caused “hundreds of cancellations,” describing each lost reservation as “another massive amount of revenue for a business owner out the window.” He contends that the restrictions have stifled traffic that many establishments rely on for survival.

Kevin DesVeaux, owner of the West Street Café, echoed that sentiment. He reports that the restaurant has not been profitable since 2022, with lunch sales dropping about 30 percent. “We have no more to give,” DesVeaux wrote in an email. “This winter we will decide if we are going to go on the market or hold on for one more year for the cruise‑ship traffic to return.”

Even some of the town’s most vocal supporters of the passenger limit acknowledge the strain. Everal Eaton, executive director of the Bar Harbor Chamber of Commerce, said business owners are struggling to plan staffing and inventory without knowing how many cruise visitors will be allowed next year. “That certainty is better for the business community and better for the residents as well,” Eaton observed.

Calls for compromise and a look ahead

Amid the legal wrangling, both town officials and industry representatives are urging a more collaborative approach. Timothy Woodcock, the attorney representing Golden Anchor and other local operators, called the series of violations “troubling” and suggested that continued litigation serves no one’s interest. “Let’s sit down in a room and work this out,” Woodcock said. “Staying in litigation is the worst thing to do.”

Salvatore echoed that sentiment, noting that the town should be preparing to welcome cruise visitors in 2027, especially during shoulder seasons when the 1,000‑passenger cap is currently not enforceable. “It can’t be hard. Staying in litigation is the worst thing to do,” he added.

Town Manager James Smith defended the permitting system, describing it as a tool to “ensure we understand and know the level of visitation.” He emphasized that the town is “trying to be respectful and honoring the citizens’ initiative while being mindful of the legal rights and interests of other parties.” Smith added that the municipality hopes to craft regulations that will survive judicial scrutiny.

Council Chair Maya Caines highlighted the frustration felt by many residents. “The majority of people that I actually speak to in my day‑to‑day life are like, ‘When is this going to end?’” she said. Caines expressed a desire to move beyond courtroom battles and focus on compromise, noting that progress “is really dependent quite a lot on the other parties that have been initiating these lawsuits.”

Recent developments and potential outcomes

Bar Harbor has secured an agreement with American Cruise Lines that allows the carrier to use a public pier for regular disembarkations this year. Those vessels, with capacities of 250 passengers or fewer, operate under the town’s permit framework. Meanwhile, a handful of larger cruise ships that booked berths before the new rules took effect are still calling at the port, though overall traffic remains below pre‑ordinance levels.

If the federal court ultimately upholds the 1,000‑passenger cap, Sidman indicated he is prepared to “re‑legislate it even stronger and more clearly,” warning that “we don’t want it submerged by cruise ships and big hotels.” Conversely, if the ordinance is struck down, he said he would pursue another citizen initiative to reinforce the limits.

The state Supreme Judicial Court is expected to rule on two appeals related to the violation notices soon. Depending on those outcomes, the private pier could face steep fines, further complicating an already tangled legal landscape.

Looking forward

For now, Bar Harbor finds itself in a prolonged period of uncertainty. Residents, business owners and town officials are all waiting for court decisions that could either restore the flow of cruise‑ship tourists or cement the restrictions intended to protect the island’s character and safety. In the meantime, the town’s newest enforcement action underscores how deeply the dispute continues to affect daily life on Mount Desert Island.