Boston's North End restaurant owners are ramping up their court battle against Mayor Michelle Wu over what they claim to be discriminatory outdoor dining restrictions. According to a NBC Boston report, the group has amended an existing federal lawsuit to now seek millions in damages, including compensation for loss of income due to the 2023 and 2024 outdoor dining bans, and refunds for the $7,500 participation fee charged in 2022.
The lawsuit, bolstered by 21 North End restaurant owners and the North End Chamber of Commerce, argues that the city's actions infringed upon their constitutional rights under the Fourteenth Amendment. The plaintiffs are set to hold a protest Friday morning, hoping to push the case to trial. The lawsuit claims that these restrictions represent an "unequal, unfair, and discriminatory treatment of Italian restaurants," as the North End is singled out with a ban on on-street dining and relegated to "compliant sidewalk patios" only.
In a related article by the Boston Herald, co-owner of Vinoteca di Monica, Jorge Mendoza-Iturralde, is quoted saying, "The North End is at war." He expressed his disappointment in Mayor Wu, who the restaurateurs initially supported, accusing her of engaging in "retaliatory" behavior against the neighborhood's dining establishments. The conflict with the city has led to claims that officials have favored local residents' associations over the businesses in past votes, which influenced policy decisions.
Last year's ban compelled four restaurateurs to amend a lawsuit against the city, alleging that Mayor Wu discriminated against "white, Italian men" by imposing thousands in fees for outdoor dining. The larger group now behind the lawsuit includes prominent names like Frank DePasquale and Nick Varano, who have vowed to escalate the court fight "all of the way to the Supreme Court if needed," Mendoza-Iturralde told the Herald. They allege that these restrictions not only affect their bottom line but also devalue indoor seating on warm days when outdoor dining is in high demand.
The North End restaurant owners claim that the harsh limitations have a serious economic impact, particularly after indoor seats lose value on sunny days and they lose extra revenue "to compensate for the losses of the winter." The amended lawsuit and the upcoming protest signify the escalation in the battle between the local business community and city officials. Despite attempts to collaborate and find solutions through a task force last year, restaurateurs feel their efforts and rights have been sidelined by the politics of urban planning and neighborhood preferences in Boston.
