North End restaurant owners claim anti-Italian discrimination in amendment to outdoor dining lawsuit

BOSTON — Five North End restaurant owners accuse Mayor Michelle Wu of discriminating against them for being white Italians.

“There’s an attack on white Americans. There’s an attack on European descent. There’s an attack on our history,” said Jorge Mendoza-Ituraalde, owner of Vinoteca di Monica restaurant. “What we are saying is that we want to be treated equally to everyone else.”

The owners of these restaurants filed an amended complaint Tuesday in federal court, alleging that they were discriminated against when Mayor Michelle Wu announced a $7,500 fee last year for outdoor dining permits in only their section of Boston.

The lawsuit, originally filed last year, is on behalf of owners including Jorge Mendoza-Iturralde, of Vinoteca Di Monica, Carla Gomes of Terramia and Antico Forno, Jason and Kim Silvestri, of Rabia’s Dolce Fumo, and Patrick Mendoza, of Monica’s Trattoria, court filings indicate.

In March of 2022, Wu informed North End eateries that they would be required to pay a $7,500 fee to open up outdoor dining and that they can’t open those patios until May 1. Restaurants in other neighborhoods of the city were allowed to open outdoor dining in April and they didn’t have to pay that fee.

“We stand fully behind decisions that are to ensure residents can live in their neighborhoods with the full range of ease of access,” said Mayor Michelle Wu, Boston.

Wu explained that the fees were in place for only the North End due to the traffic and parking problems outdoor dining presented for residents living in the neighborhood.

“Some of the conditions that we anticipate this summer from what we have seen over the last few summers make it so that we can’t stand behind a proposal to take up the entire street this year,” said Mayor Wu.

The group of North End restaurant owners initially alleged that Wu set up “unfair methods of competition” with the move to issue the fee.

In the latest amendment to the complaint, the filing states, “The common identity of a North End restauranteur is white. Male and of Italian heritage. The Plaintiffs had a right to be treated the same as other restaurants in the City who were granted outdoor dining and not be singled out to pay fees that other restaurants were not forced to pay in order to have outdoor dining because of their sex or national origin/ethnicity as appears in this case.”

Earlier this month, the city announced that it would not be reviewing or permitting on street outdoor dining applications in the North End for the 2023 outdoor dining season.

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