Business owners in Boston's North End are requesting a jury trial for their lawsuit against the city of Boston due to fees for outdoor dining in the neighborhood.
According to legal documents, they are alleging that there is "unequal, unfair, and discriminatory treatment of Italian restaurants in Boston’s North End in its administration and operation of the City’s outdoor dining program in 2022 and 2023."
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Under Wu's policy, North End restaurants have to pay a $7,500 fee to participate in this year's outdoor dining program. In addition, restaurants will be charged $458 a month for each parking spot used in their outdoor dining areas.
"I've done a couple of walk-throughs through the neighborhood, and I know our city teams have, as well," Wu said in March when asked about the lawsuit. "Things look good out there. The one-way portion of the street and the blocking off for specific loading zones and lots of visibility from city staff."
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The lawsuit alleges that "the City’s conduct violated their constitutional rights under the Equal Protection and Due Process clauses of the Fourteenth Amendment, and its imposition of harsh participation fees in 2022 was an unlawful tax."
The mayor has argued that the fee helps compensate for people living in the neighborhood, who face further parking issues, more foot traffic and trash.
