APPL will appeal? Of course they will. Despite crying poor-mouth, they have money to burn. And for them, there is not sufficient percentage in balancing cruise ship tourism with community. We'll see how APPL's throwing everything at the wall and pounding the table tactics play in the First Circuit Appeals Court.
Judge Lance Walker, a Federalist Society jurist fast tracked to the court by LePage and Trump, has impeccable conservative credentials and a proven commitment to constitutional protections for voters. In his meticulously articulated decision he notes:
1. [The APPL case] is unworthy of overly solicitous judicial action that would negate an exercise in democratic self determination that is better informed of existing, localized conditions.
2. Nothing in the Constitution dictates municipal obeisance to the economics of scale of cruise tourism. Nor, as far as I can tell, does the dormant Commerce Clause legislate adherence to neoclassical liberalism any more than the Due Process Cause compels observation of Mr. Herbert Spencer's Social Statics.
In a previous comment I pointed out the deep pocket tactic of defeating democratic process via outspending the opponent. Sadly 9 times out of 9 that opponent is us, the average work-a-day American citizen. Not a week goes by that a news story does not appear where some corporate bully has pummeled the opposition into submission by filing appeal after appeal after appeal after appeal until they've bankrupted those opposing their corporate will. One of the more troubling questions waiting to be answered these days is "Can democracy survive within a legal system that has become so expensive that justice often takes a back seat to "Whoever has the most money wins!" As Judge Walker opined in his recent decision against APPL their case has little or no merit. In short he states that the citizens of Bar Harbor are well within their rights to regulate cruise ship visitation. While corporate power has become more and more concentrated and thus ever more threatening to democratic process, so too has the citizen's power to respond. Dozens of Internet sites exist these days through which the victims of corporate abuses can fight back. A few dozen negative user reviews on Trip Advisor can negate many thousands of dollars spent on advertising. A few dozen more and you are out of business! Clearly serious risks exist for those refusing to respect the views of those for whom "Whoever dies with the most toys wins." is nothing more than a bankrupt and childish slogan. In many ways the Internet has come to represent a huge yellow sign saying, " Bullies Proceed With Caution!" For those doubting the power of the little guy I will cite a local battle I fought back in the mid 1980s. A Bar Harbor business profiting through feeding bald eagles to attract them to their boat for tourist photos was repeatedly asked to cease the harmful practice by biologists at the Maine Department of Inland Fisheries & Wildlife. Despite promises to do so they kept right on feeding them. Having been involved in Bald Eagle Recovery efforts for years I asked federal officials to intervene in what clearly was a violation of the Endangered Species Act. They refused to act. So in cooperation with other concerned Maine citizens I managed to get a bill introduced before the Maine Legislature outlawing the practice. I testified in support of the bill before a legislative committee in Augusta but biologists from MDIF&W were ordered not to appear in support of the bill by the director of the department. The bill was defeated by a vote of 12 to 1. Rather than acquiescing I redoubled my efforts and several months later another vote was taken and the bill outlawing the feeding of Bald Eagles was passed by a vote of 12 to 1. I was working as a stock clerk at Don's Shop 'n Save at the time…it doesn't get much littler than that! Little guys can and do win if they just hang in there!
APPL will appeal? Of course they will. Despite crying poor-mouth, they have money to burn. And for them, there is not sufficient percentage in balancing cruise ship tourism with community. We'll see how APPL's throwing everything at the wall and pounding the table tactics play in the First Circuit Appeals Court.
Judge Lance Walker, a Federalist Society jurist fast tracked to the court by LePage and Trump, has impeccable conservative credentials and a proven commitment to constitutional protections for voters. In his meticulously articulated decision he notes:
1. [The APPL case] is unworthy of overly solicitous judicial action that would negate an exercise in democratic self determination that is better informed of existing, localized conditions.
2. Nothing in the Constitution dictates municipal obeisance to the economics of scale of cruise tourism. Nor, as far as I can tell, does the dormant Commerce Clause legislate adherence to neoclassical liberalism any more than the Due Process Cause compels observation of Mr. Herbert Spencer's Social Statics.
https://www.ca1.uscourts.gov/
In a previous comment I pointed out the deep pocket tactic of defeating democratic process via outspending the opponent. Sadly 9 times out of 9 that opponent is us, the average work-a-day American citizen. Not a week goes by that a news story does not appear where some corporate bully has pummeled the opposition into submission by filing appeal after appeal after appeal after appeal until they've bankrupted those opposing their corporate will. One of the more troubling questions waiting to be answered these days is "Can democracy survive within a legal system that has become so expensive that justice often takes a back seat to "Whoever has the most money wins!" As Judge Walker opined in his recent decision against APPL their case has little or no merit. In short he states that the citizens of Bar Harbor are well within their rights to regulate cruise ship visitation. While corporate power has become more and more concentrated and thus ever more threatening to democratic process, so too has the citizen's power to respond. Dozens of Internet sites exist these days through which the victims of corporate abuses can fight back. A few dozen negative user reviews on Trip Advisor can negate many thousands of dollars spent on advertising. A few dozen more and you are out of business! Clearly serious risks exist for those refusing to respect the views of those for whom "Whoever dies with the most toys wins." is nothing more than a bankrupt and childish slogan. In many ways the Internet has come to represent a huge yellow sign saying, " Bullies Proceed With Caution!" For those doubting the power of the little guy I will cite a local battle I fought back in the mid 1980s. A Bar Harbor business profiting through feeding bald eagles to attract them to their boat for tourist photos was repeatedly asked to cease the harmful practice by biologists at the Maine Department of Inland Fisheries & Wildlife. Despite promises to do so they kept right on feeding them. Having been involved in Bald Eagle Recovery efforts for years I asked federal officials to intervene in what clearly was a violation of the Endangered Species Act. They refused to act. So in cooperation with other concerned Maine citizens I managed to get a bill introduced before the Maine Legislature outlawing the practice. I testified in support of the bill before a legislative committee in Augusta but biologists from MDIF&W were ordered not to appear in support of the bill by the director of the department. The bill was defeated by a vote of 12 to 1. Rather than acquiescing I redoubled my efforts and several months later another vote was taken and the bill outlawing the feeding of Bald Eagles was passed by a vote of 12 to 1. I was working as a stock clerk at Don's Shop 'n Save at the time…it doesn't get much littler than that! Little guys can and do win if they just hang in there!