Bar Harbor’s Cruise Ban Partially Overturned in Major Court Ruling

US District Court Judge Lance Walker is laying down the law in Bar Harbor, Maine, at least when it comes to cruise ship bans.

Since 2022, a citizen-led cruise ship ban that imposes a daily cap of 1,000 cruise ship passengers has been in place in the small coastal town, which serves as the gateway to the famous Acadia National Park.

But on May 15, 2026, Judge Walker released a 32-page order declaring that the ordinance is unconstitutional outside of July and August, which is Bar Harbor’s busy season that coincides with optimal weather for exploring the national park.

“I conclude that the ordinance’s 1,000-passenger cap is not clearly excessive in relation to its local benefits during the peak summer tourism season but is clearly excessive in relation to the shoulder seasons,” Judge Walker wrote, in part.

“Accordingly, I declare the ordinance unconstitutional and unenforceable in all months other than July and August,” he continued.

Interestingly, Cruise Hive reported that the very same Judge Walker upheld most of the ordinance in February of 2024 during an earlier stage of the ongoing legal battle.

Bar Harbor’s Town Council is expected to meet in an executive session on May 19, 2026, to review the decision, discuss next steps, and receive advice from legal counsel.

Ban Supporters Aren’t Ready to Give Up

The locals pushed for the daily cap to combat severe downtown congestion related to overtourism, protect the local environment, and preserve the quality of life for the approximately 5,300 residents.

Unsurprisingly, the proponents of the ban are not ready to give up without a fight. Local businessman Charles Sidman, who has fought to uphold the ban, issued a joint statement to Bangor Daily News with his attorney, Robert Papazian.

Supporters have pledged to appeal the decision, and bring the matter back to the voters if necessary.

“Bar Harbor citizens have voted twice now that we don’t just want more limited cruise disembarkations two months of the year; we want it year-round. We want our downtown back, even during the shoulder seasons,” the statement reads, in part.

The votes they are referring to are the original vote that allowed the ban to go into effect in 2022, as well as a more recent vote in 2024, where residents narrowly rejected a proposal to raise the daily limit. This decision was confirmed in a subsequent recount.

“In any event, Judge Walker’s decision will not stand…It is not practical or possible for a federal judge to micromanage cruise tourism in Bar Harbor. We will appeal and hope that the town government does too,” the statement continued.

Judge Walker, meanwhile, argued that what may be fair for the peak tourism periods may not be fair and balanced for the rest of the year.

Cruise Tourism May Make a Comeback

Because of the ban, cruise tourism has steadily decreased year over year as the cruise lines steer clear of the area for more welcoming alternatives. For example, Portland is only around 100 nautical miles away from Bar Harbor and has no passenger limitations.

According to the town of Bar Harbor, just under 50,000 cruise guests are expected to visit in 2026. This is down from an estimated 67,000 guests in 2025, and roughly 182,000 in 2024.

This decline has, unsurprisingly, led to a significant loss in revenue for local businesses involved in tourism and cruise ship tendering.

Association to Preserve and Protect Local Livelihoods (APPLL), the Penobscot Bay and River Pilots Association, and other local businesses felt the ban was unconstitutional from the very beginning and filed a lawsuit against the town in 2022.

It will take time for the cruise industry to return to Bar Harbor, especially as the cruise lines plan and release itineraries years in advance. They will likely also wait to return until they are sure the legal battle has ended for good.

Cruise Hive will continue to monitor how the overturned ban may continue to affect the town, and the cruise industry, going forward.