An appeals judge has ruled that North End restaurant owners embroiled in an outdoor dining fight with the city could sue again over whether fees imposed by Mayor Michelle Wu were an unlawful tax, but they cannot argue discrimination.
Judge William J. Kayatta Jr. of the First U.S. Circuit Court of Appeals has affirmed a lower court’s decision to dismiss the group’s complaint that the Wu administration punished North End businesses with strict outdoor dining rules over racial and ethnic bias.