Woods Hole, Martha's Vineyard & Nantucket Steamship Authority v. Town of Falmouth

The town of Falmouth (Town), in which the mainland port of Woods Hole is located, serves as the departure point for ferries to Martha’s Vineyard operated by the Woods Hole, Martha’s Vineyard and Nantucket Steamship Authority (Authority). The Town is host to a number of open-air parking lots owned by the Authority which provide parking for the ferry passengers. In 2004, the Town adopted what it characterizes as a health and *445safety measure, Chapter 213, Article V, §§ 13-22 of the Code of Falmouth (Article V), that establishes licensing requirements and fees for “entities engaged in operating…