A federal judge has ruled in favor of the City of Boston in its battle to restrict outdoor dining in the North End, the historic Italian-American neighborhood that attracts visitors from around the world.
Judge Leo T. Sorokin on Friday ruled that restaurateurs failed to make their case that the restrictions, particularly a $7,500 fee assessed only to restaurant owners in that neighborhood, was unconstitutional.
Restaurant owners, who filed a lawsuit in US District Court in Boston earlier this year, did not prove that their constitutional rights were infringed upon or that they had been singled out or discriminated against, according to a copy of the Dec. 20 ruling.
In his decision, Sorokin ruled that public streets cannot be used for private profit, in a 33-page order granting the city’s motion to dismiss the case.
Restaurants in the neighborhood may apply for a permit to set up patio-style dining on a public sidewalk, but tables are not allowed on the street, according to city rules.
In January, 21 restaurant owners filed a lawsuit taking issue with limitations on outdoor seating in the North End, including impact fees the city charged restaurants there in 2022 for using city sidewalks and curbs for outdoor dining followed by a ban on private patios on public ways in the neighborhood.
The business owners claimed the rules created “unfair methods of competition” and that the fee violated the businesses constitutional due process and equal protection rights, and their rights under the commerce clause, the restaurateurs assert.
Sorokin noted that “Plaintiffs are understandably upset with the City’s policy authorizing on-street dining in other neighborhoods while banning it in the North End. No doubt they disagree with the Mayor’s evaluation of the various factors bearing on her decision and believe the City could reasonably and safely authorize on-street dining in the North End.”
But he also noted, “Plaintiffs’ unhappiness, however, cannot alone give rise to a cause of action against the City and unlock the doors of discovery in federal court.”
The suit also listed a smattering of complaints about Wu’s alleged “anti-Italian” behavior. (It closely mimicked allegations in an earlier complaint that the restaurants backed out of in June 2023.)
The lawsuit was amended in February to include another 100 pages of grievances about “retaliatory” measures they say City Hall launched against them.
Sorokin wrote that “the decisions of the Mayor fall squarely within ... legal parameters,” the policies were “neutral,” did no spring from “bad faith,” and there was no proof of discrimination based upon race, ethnicity, or national origin.
Wu on Friday said, “We’re glad this is resolved and wish everyone a happy holiday season.”
The lawsuit also demanded compensation for losses incurred from the $7,500 annual fee and from two seasons without streetside tables.
Lawyers representing the restaurants did not respond to requests for comment Friday evening.
The North End is the only neighborhood where the city has been so restrictive on outdoor dining, pointing in part to the density of restaurants there and complaints from residents.
When Wu in February announced that North End restaurants would be again barred from some outdoor seating, she leaned on the city’s conversations with a small group of appointed residents and restaurant owners on the North End Outdoor Dining Task Force.
City officials also released a letter that it ultimately intends to rework the neighborhood’s alfresco guidelines based on the group’s suggestions, but was unable to craft them in time for this year.
Aggrieved restaurateurs snapped back in the lawsuit, claiming that the task force was nothing more a “charade” and “a dog and pony show.”
The city first allowed restaurants to set up al fresco dining areas on sidewalks and city streets in the summer of 2020 to help them stay in business during the COVID-19 pandemic.
The arrangement proved popular with both restaurant owners and the public. Outdoor dining now is allowed from May 1 to Oct. 31, according to the city’s website.
Tonya Alanez can be reached at tonya.alanez@globe.com. Follow her @talanez.