Outside one restaurant in Flushing, the outdoor dining shed wasn’t even being used for dining. A handwritten sign appeared on it in Chinese characters, saying it was busy store location available for rent, according to an affidavit filed in state Supreme Court. Sure enough, some entrepreneur moved in and turned the place into a fruit stand. Neither landlord nor tenant appear to have any respect for any rules or regulations whatsoever.

The site isn’t far from the location of another outdoor dining structure that suffered from a fire that then spread to the building behind it, according to the same affidavit, one of at least four filed by Queens residents as part of a lawsuit seeking to put a stop to the city’s temporary Open Restaurants program.

In Sunnyside, a plaintiff says she’s lived there for 70 years and that two restaurants next to her building have thrown her quality of life into the toilet. For one thing, a toilet is part of what the outdoor dining structures have become — for the dogs people are allowed to bring with them. The rats are having a field day, making both her building’s laundry room and its outside seating area unusable, and the late-night noise is making a good night’s sleep impossible.

These are just two of the plaintiffs seeking to have the temporary Open Restaurants program shut down in a new Article 78 suit filed this week. The suit also seeks to end the renewals of emergency executive orders that have allowed Open Restaurants to go on.

Regardless of the legal arguments, the suit highlights the problems with outdoor dining. It’s one thing to operate a clean, well-maintained structure that actually gets used, but too many appear abandoned, or have been turned into storage units. Meanwhile they eat up parking, sidewalk space or both.

We strongly supported outdoor dining to help our struggling restaurants get through the pandemic, but now tighter regulation is what’s needed. Unused shacks hurt neighboring businesses, too. Eatery owners need to fish or cut bait. If a dining shed is unused, it has to come down. If used, it has to be clean. Also, musical performances should be indoors only, as noise is a top city complaint, with good reason. Restaurants can be both profitable and good neighbors.