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Judge throws out North End restaurant owners’ suit against city over outdoor dining
“Plaintiffs’ unhappiness, however, cannot alone give rise to a cause of action against the City and unlock the doors of discovery in federal court.”
A judge dismissed a federal lawsuit filed by North End restauranteurs, ending one chapter in the neighborhood’s years-long feud with Mayor Michelle Wu’s administration over outdoor dining regulations.
Judge Leo Sorokin of the U.S. District Court ruled Friday that the City of Boston did not overstep its authority when it created new conditions for outdoor dining permits that excluded North End restaurants from participating. The judge also said the restaurant owners did not prove that the city unfairly discriminated against them.
“Plaintiffs are understandably upset with the City’s policy authorizing on-street dining in other neighborhoods while banning it in the North End,” Sorokin wrote. “Plaintiffs’ unhappiness, however, cannot alone give rise to a cause of action against the City and unlock the doors of discovery in federal court.”
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In January, dozens of North End restauranteurs and the North End Chamber of Commerce filed a federal lawsuit over outdoor dining plans for the North End neighborhood, whose restaurants have not been able to offer outdoor service for the past two years.
The North End was the only neighborhood in Boston to not be allowed to offer outdoor dining last year and this year, due to its narrow streets and sidewalks, parking scarcity, and high foot traffic, the city said previously.
The restaurant owners argued that the city unfairly discriminated against the neighborhood in part due to their Italian descent. They claimed the North End-specific fee in 2022 singled out the neighborhood, while restaurants in other parts of the city didn’t have to pay.
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However, the judge found the restaurants failed to prove that the city’s rules “lacked a rational basis” or came from “bad faith” or “a desire to punish” the neighborhood.
“The City regulated on-street dining by neighborhood, just as it regulates many other matters by neighborhood,” Sorokin wrote, “and Plaintiffs themselves emphasize the uniqueness of the North End.”
The group representing the restaurants did not return a request for comment on Sunday.
“We’re glad this is resolved and wish everyone a happy holiday season,” Wu said on Friday, according to The Boston Globe.
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