Judge dismisses North End lawsuit against city over outdoor dining

Local News

A judge dismissed a federal lawsuit filed by North End restaurateurs, ending a chapter within the neighborhood's years-long feud with Mayor Michelle Wu's administration over outdoor dining regulations.

U.S. District Court Judge Leo Sorokin ruled Friday that the town of Boston didn’t exceed its authority when it created recent conditions for outdoor dining permits that barred North End restaurants from participating. The judge also said the restaurant owners had not shown that the town unfairly discriminated against them.

“Plaintiffs are understandably upset about the City’s policy that allows street dining in other neighborhoods while banning it in the North End,” Sorokin wrote. “However, plaintiffs’ dissatisfaction alone cannot give rise to a lawsuit against the city and open the door to an evidentiary hearing in federal court.”

In January, dozens of North End restaurateurs and the North End Chamber of Commerce filed a federal lawsuit over plans for outdoor dining within the North End neighborhood, whose restaurants haven’t been capable of offer outdoor dining for 2 years.

The North End was the one neighborhood in Boston last yr and this yr that was not allowed to supply outdoor dining due to its narrow streets and sidewalks, lack of parking and high foot traffic, the town previously said.

The restaurant owners argued that the town had unfairly discriminated against the neighborhood partially due to its Italian heritage. They claimed that the North End-specific fee in 2022 would only affect the neighborhood, while restaurants in other parts of the town wouldn’t must pay.

However, the judge found that the restaurants failed to indicate that the town's rules “lacked a rational basis” or were based on “bad faith” or “a desire to punish the neighborhood.”

“The city regulated street dining by neighborhood, just as it regulates many other matters by neighborhood,” Sorokin wrote, “and the plaintiffs themselves emphasize the uniqueness of the North End.”

The group representing the restaurants didn’t reply to a request for comment Sunday.

“We are glad that the problem has been resolved and wish everyone a happy holiday,” Wu said on Friday. accordingly .