Key Aspects:
- Bar Harbor’s 1,000-passenger cap has been upheld by the US Court of Appeals.
- However, the ruling sends one clause back to the lower court for further review.
- The dispute began with a 2022 voter-approved referendum and doesn’t appear to be ending soon.
Bar Harbor, Maine, can keep its controversial 1,000-person daily limit on cruise-ship passengers disembarking. At least for now.
The US Court of Appeals for the First Circuit upheld most of a decision in a ruling issued August 11, 2025.
The ordinance, first approved by local voters in 2022, is designed to reduce passenger congestion in the town that serves as a gateway to Acadia National Park by limiting the number of people who can come ashore.
While supporters say it protects the quality of life for residents and improves the visitor experience, opponents argue it slashes tourism revenue.
The appeals court, in an opinion from Chief Judge David Barron, retired Supreme Court Justice Stephen Breyer, and Judge William Kayatta, agreed… for the most part.
The judges say Bar Harbor has the authority to impose the restriction, and federal statutes regulating ports, navigation, or immigration do not override it.
“We largely affirm the District Court’s ruling in favor of the defendants as to these claims, but we do vacate and remand a portion of it,” the opinion states.
That means the court sent one part of the case back for further review, saying the lower court did not go far enough in weighing whether the ordinance creates an “excessive burden” on interstate commerce compared to the benefits it provides to the town.
Now the case heads back to US District Judge Lance Walker, who must take a look at how the ordinance impacts the cruise industry and regional tourism compared with its local benefits.
Years of Legal Battles Not Over Yet
The dispute over Bar Harbor’s cruise-ship passenger cap began in 2022, when residents gathered enough signatures to place a referendum on the ballot limiting daily disembarkations to 1,000 passengers.
The measure passed that November with 58 percent of the vote, and town officials scheduled the cap to begin during the port’s 2024 season, which begins in the spring and ends in the fall.
This would give the cruise industry and local businesses time to adjust. However, a recount rejected the vote.
That same month, opponents filed a federal lawsuit saying cruise ships calling at the port often brought between 2,000 and 4,500 passengers at a time, far exceeding the new limit.
In February 2024, Judge Walker upheld most of the ordinance, but the battle didn’t end there. In 2024, the town cited Golden Anchor, owner of the Harborside Hotel & Marina, for allowing passengers to disembark without permits.
By March 2025, Bar Harbor had filed a $4 million lawsuit against the company, alleging nearly 98,200 passengers came ashore in violation of the new ordinance.
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Meanwhile, appeals in the main case continued, and with the new ruling, will continue. Judge Walker’s next findings will undoubtedly upset one side of the argument and send the ruling to appeals again.
With all of the turmoil, many cruise lines have steered clear of Bar Harbor. Still, the port is welcoming regular arrivals from Norwegian Cruise Line’s 3,903-guest Norwegian Getaway and 2,344-passenger Norwegian Gem.
Seabourn’s 458-guest Seabourn Sojourn, Regent Seven Seas’ 750-passenger Seven Seas Splendor, and Crystal Cruises’ 740-guest Crystal Serenity are also sailing to the port, taking advantage of having smaller capacity ships that are allowed to call.
