12 Comments

My heartfelt thanks to Charles Sidman for his refusal to allow the will of the people of Bar Harbor to be bulldozed by a handful of out of area businesses who seem to think that their interests are more important than those of the people who call Bar Harbor home. People like Charles Sidman form and have always formed the backbone of our democracy. Without their courage and willingness to take on the toughest of battles democracy would have long ago expired in America and elsewhere. Sadly the "good guys" in America have sustained many devastating loses over the past several decades as corporate corruption and greed has leveraged its deep pockets to nullify the basic precepts of a democratic republic. In filing this lawsuit those standing to gain financially through unlimited cruise ship access to the town cost the Town of Bar Harbor and those supporting cruise ship limits more than one quarter million dollars! As a rule this deep pocket approach winds up winning the battle as ordinary citizens are forced to quit the battle or face bankruptcy. Judge Walker has a golden opportunity here send a strong message to those using dollars to overrule sense. I would urge him to rule that plaintiffs recompense the defendants for all legal costs relating to this case.

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Well said Winston!

Your as good with the pen as you are with the camera.

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OMGosh!

ThankYou Charles Sidman and the concerned residents of Bar Harbor.

ThankYou for Nothing to the corrupt and conniving previous Town Council who colluded with their corrupt and conniving previous Town Manager. Against the people of Bar Harbor and in favor of big money special interests. Many of these miscreants are still on the council. They should not be taking credit for this victory.

Keep in mind. Lance Walker is a Federalist Society jurist fast tracked by LePage and then Trump. And a Mainer who has also protected citizens' voting rights against GOP predation. Walker is the 'black swan' exception to the CharlesKoch/Leonard Leo captured Federal courts.

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Walker also decided for the lobstermen against NOAA and their factless supposition that Lobstering was sending the North American Right Whale into extinction. When in fact the only real threat to the whales were Cruise Ships mowing them down in the night up in the Gulf of St Lawrence. There is an article in the MDIslander this week using the same debunked theory that lobstering is responsible for sending the NARW into extinction. NOAA and company refuse to admit their stupidity.

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How much did it cost Bar Harbor residents in legal fees for this suit? Fees incurred by its Town Manager and Town Council - who sought legal means to obstruct the citizens initiative and to overturn the residents' will, and ginned up the APPL suit against Bar Harbor.

Or will APPL have to pay all fees?

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I recently heard that the audacious plan to give the Chamber of Commerce who backed APPL 70,000 bucks from the taxpayers ! It would be better given to the taxpayers not the people suing them. The Gofundme drive collected over 200,000 but is short by around 70,000. Maybe the Chamber could make up that amount out of appreciation for this hard won victory for the health and welfare of the community.

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HaHa! As if!

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So, the ordnance in itself was a compromise between the federal right of cruise ships to land passengers and the right of the town to protect the health and safety of its residents. The law suit was unnecessary.

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The lawsuit was ginned up by disgraced former Town Manager Kevin Sutherland and the cruise ship tourism boosters on the Town Council - who practically begged for a poison APPL to squash the legitimate concerns of residents who voted for the Citizens Initiative. These corrupt and conniving town officials campaigned against the initiative before residents voted and obstructed implementation after it gained overwhelming support at the ballot box. This is not only a victory for the environment, it is a victory for democracy.

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The peoples vote holds the power. The Constitutional right to petition the government is key to Democracy.

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Feb 29·edited Feb 29

I am happy that the court ruled with the town and citizens of Bar Harbor on this but you’ve got your facts pretty twisted up as to how this lawsuit came about and who supported it.

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You make a conclusory assertion, as you do not provide any evidence.

My language may be intemperate, but my facts are accurate. I can't do all your homework for you. But here is some evidence from Judge Walker and investigative reporter Lincoln Millstein. Or if you can stomach it, you can listen to the sick-making Sutherland in his own words.

"In the months leading up to the election, the Town actively encouraged the electorate to vote down the initiative. By all appearances and representations, the initiative movement and the new ordinance have proved quite divisive at the local level,” Walker noted. “Despite the Town’s efforts, the initiative passed.

“When added to the fact of the Town’s opposition to the ordinance, there arises an idiosyncratic factual setting that supports a commonsense finding in favor of intervention” by Sidman, the judge wrote.

Walker added that the town’s “history of boosterism for the cruise ship industry” puts into question whether it is “an adequate champion” on behalf of the interest of the citizens who voted against the council’s recommended path."

"There is ample evidence to show that the Town is unwilling to mount a full-fledged defense of the Ordinance. The then-Town Manager was caught on video discussing the lawsuit with industry insiders and opponents of the Ordinance, where he seemed to support the imposition of an injunction, or alternatively, “figure out some sort of terms in which [the Town] allows [passengers of cruise ships] to show up anyway.”

The QSJ obtained the video and published it on Jan. 28.

https://theqsjournal.substack.com/p/smoking-gun-video-shows-why-kevi

https://theqsjournal.substack.com/p/federal-judge-cruise-ship-industry

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