Four North End restaurant owners sue Mayor Wu over $7,500 outdoor dining fee

A group of North End restaurant owners are suing Boston Mayor Michelle Wu over an outdoor dining fee they claim is unconstitutional.

The lawsuit was filed in U.S. District Court Monday by Jorge Mendoza, owner of Vinoteca di Monica; Carla Gomes, owner of Terramia Ristorante and Antico Forno; Christian Silvestri, owner of Rabia’s Dolce Fumo; and Patrick Mendoza, owner of Monica’s Trattoria.

The lawsuit takes aim at the $7,500 outdoor dining fee imposed on restaurants in the North End, as well as the additional $480 per month for parking spaces taken up by tables and chairs. The owners say neither fee is levied anywhere else in the city.

A spokesperson for the mayor’s office declined to comment, citing pending litigation.

Wu has previously said the dining fee is a quality of life issue for North End residents and unique to that neighborhood.

“Equity does not mean equality,” Wu said in March. “I know we all want the same thing. We all want each neighborhood to be safe and thriving.”

Jorge Mendoza spoke to Boston 25 in April, threatening to sue if the program moved forward.

“I’ve taken the expense of a lawsuit against the mayor. At the same time, I’ve taken the expense of opening up a patio because I need the income,” he said.

Boston is offering hardship waivers to restaurants that may not be able to afford the full cost, which can lower a business’s fee to $3,500-$5,000. The city is also open to allowing restaurants to take part in the outdoor dining program for fewer months and pay $1,500 per month, instead of a lump sum for the entire season.

The lawsuit mentions the owners have all enrolled in the payment plan in order to remain competitive.

As of April 26, the city had received 67 applications for outdoor dining and 28 hardship applications, of which 23 were granted.

The lawsuit alleges Wu violated the plaintiffs’ rights to due process of law and equal protection and equal treatment under the Constitution. It also accuses her of violating the Commerce Clause of the Constitution and setting up “unfair methods of competition” and/or are “unfair or deceptive practices” in “commerce.”

They are seeking $500,000 in compensatory damages and $1 million in punitive damages.

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