Boston officials seek to dismiss North End outdoor dining lawsuit

The city of Boston has asked a federal court judge to dismiss an amended lawsuit filed by North End restaurants amid their fight for outdoor dining.

A city attorney filed a motion Friday to dismiss the amended complaint from the North End Chamber of Commerce and more than 20 restaurants listed as plaintiffs. The motion argued that the plaintiff failed to state a claim when challenging the city’s restrictions on outdoor dining in the North End.

Those challenges in the lawsuit, initially filed in January, included allegations of discrimination against Italian restaurants by Mayor Michelle Wu, who made the decision in 2023 and this year to exclude the district from obtaining restaurant permits in open air on the street.

“In an attempt to fabricate a constitutional violation, the Restaurants allege that the city’s tailored restrictions to address the problems of this unique neighborhood are actually a pretext for Mayor Michelle Wu’s animosity – a claim that does not has no basis in fact or law,” the motion reads. read.

The plaintiffs also claimed the city’s 2022 $7,500 fee for participating in outdoor dining was “illegal” and “pointed the finger” at North End restaurants for charging them fees that the other districts did not pay. They also said the outdoor dining season has been shortened to five months compared to other neighborhoods.

“In contrast, all other participating Boston restaurants paid no impact fees, paid no monthly parking fees, and enjoyed an eight to nine month outdoor dining season,” it says. the complaint.

The federal lawsuit seeks damages for “losses suffered as a result of the imposition” of the fees and the ban itself.

But the city stressed that the “unique” neighborhood — which has the densest per capita presence of restaurants in the state — presents challenges when it comes to allowing outdoor dining, with its streets and narrow sidewalks, lack of parking, high pedestrian traffic and 11,000 spaces. residents who live in North End.

For this reason, the city banned street dining and allowed dining on sidewalks and terraces. But The Boston Globe reports that many North End restaurants could not use sidewalks for outdoor dining because the sidewalks near their businesses did not have an “adequate” width established by the city.

Boston.com requested comment from the plaintiffs but did not receive a response prior to publication.