Bar Harbor Cruise Ship Limits Challenged in Federal Court

Business group argues restrictions unfairly target cruise ship passengers over other visitors

Published on Feb. 11, 2026

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A Bar Harbor business group argued before a federal judge that the town's cruise ship restrictions, which include a 1,000-passenger daily cap, unfairly target cruise ship passengers who make up only 5-7% of total visitors. The group claims the ordinance violates the Commerce Clause and that cruise ship passengers don't contribute significantly to downtown congestion. The town defended the ordinance, saying it had tried other methods to reduce congestion and it was rational to treat cruise ship passengers differently.

Why it matters

This case highlights the ongoing tension between local communities looking to manage tourism impacts and the business interests of the cruise industry. Bar Harbor is one of the top cruise ship destinations in Maine, and the outcome could set a precedent for how other coastal towns approach regulating cruise ship traffic.

The details

Attorneys for the business group argued the ordinance doesn't 'meaningfully' reduce downtown congestion since cruise ship passengers make up a small portion of total visitors. They also claimed the ordinance violates the Commerce Clause due to its 'excessive' impact on business revenue. The town's attorney said it was logical and rational to treat cruise ship passengers differently from other tourists to address congestion.

  • The federal court hearing took place on Wednesday, February 11, 2026.
  • The judge is expected to release a written order in the coming weeks.

The players

Association to Preserve and Protect Local Livelihoods

A Bar Harbor business group challenging the town's cruise ship restrictions.

Penobscot Bay and River Pilots Association

An association that joined the lawsuit claiming its members who guide ships into port have been harmed by the cruise ship limits.

Bar Harbor

The coastal Maine town that implemented a 1,000-passenger daily cap on cruise ships after two voter-approved referendums.

Judge Lance Walker

The federal district court judge who previously upheld the cruise ship limits and is now being asked to clarify his findings.

Charles Sidman

A Bar Harbor resident who led the movement to limit cruise ships and has been granted intervenor status in the case.

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What they’re saying

“The ordinance aims its restrictions on cruise ship passengers alone. Even though persons arriving by means other than cruise ships are more numerous and contribute more significantly to the very congestion the ordinance seeks to alleviate.”

— Kathleen Kraft, Attorney for the Penobscot Bay and River Pilots Association (bangordailynews.com)

“We heard a lot about other visitors to Bar Harbor – you might call them land-based tourists – and that the ordinance doesn't do anything to address the congestion caused by those folks. I think the law is clear that states and towns don't have to strike at all evils at once. I think this court's decision explains very clearly why it's logical and rational to treat cruise ship passengers differently from other kinds of tourists and visitors to Bar Harbor.”

— Jonathan Hunter, Attorney for the town of Bar Harbor (bangordailynews.com)

What’s next

The judge in the case is expected to release a written order in the coming weeks providing further clarity on the 'excessive burdens' the cruise ship limits place on maritime commerce.

The takeaway

This case highlights the ongoing challenges coastal towns face in balancing the economic benefits of cruise tourism with the need to manage congestion and quality of life impacts. The outcome could set an important precedent for how other Maine communities approach regulating cruise ship traffic.