Ruling allows bus restrictions to take effect

PORTLAND – A federal judge has denied a bid by Kennebunkport businesses to temporarily block a new ordinance that limits the number of buses allowed in the tourist town.

The ruling Wednesday sets the stage for the ordinance to take effect next week. The measure, approved by selectmen last month, limits the number of buses that may drop off passengers downtown to three per hour between 8 a.m. and 7 p.m.

The restrictions were challenged in court by nine Kennebunkport businesses who claim the ordinance will hurt them economically.

Their attorney, Bill Knowles, said he argued for the delay by saying the ordinance discriminates against interstate commerce. But U.S. District Judge D. Brock Hornby rejected that argument and set the case for trial in November.

Knowles said his clients have a number of other arguments they plan to present the court at that time. On Wednesday, he said, “we only challenged the issue on one prong. It’s always difficult to get temporary emergency relief, but we thought it important to give it our best shot.”

Residents and merchants in Kennebunkport have been at odds on the extent to which tourists should play a role in the town’s economy.

While many residents resent the traffic jams and diesel fumes caused by tour buses that bring visitors to former President Bush’s estate on Walker’s Point, merchants maintain that those visitors are the town’s lifeblood.

Bus traffic began increasing after the former president – whose family has had a summer home here since the turn of the 20th century – took office in 1989.

After years of complaints about the increasing traffic, selectmen in 1996 prohibited tour buses from stopping near Bush’s home. Drivers are fined if they stop, but are allowed to drive by so that passengers can take pictures.