A judge ruled that tacos and burritos are sandwiches. What do you think? (2024)

A judge ruled that tacos and burritos are 'Mexican-style sandwiches,' fuelling the fire of a long-debated classification

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Laura Brehaut

Published May 16, 2024Last updated 5days ago2 minute read

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A judge ruled that tacos and burritos are sandwiches. What do you think? (1)

If there’s one thing you can count on, it’s that people will never tire of arguing about what does and doesn’t constitute a sandwich. A judge in Fort Wayne, Indiana, contributed to the ongoing debate on May 13 by ruling that tacos and burritos are indeed sandwiches after a years-long court case, WISH-TV reports.

“Tacos and burritos are Mexican-style sandwiches,” Allen County Superior Court Judge Craig J. Bobay wrote in his ruling.

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The legal case started in 2022 when restaurateur Martin Quintana announced plans to open The Famous Taco Mexican Grill in a Fort Wayne strip mall. The local planning commission rejected Quintana’s bid, citing a prior agreement that only restaurants selling “made-to-order or subway-style sandwiches” without outdoor seating or alcohol would be permitted, CBS 4 reports.

Judge Bobay ruled in Quintana’s favour, saying that “the original Written Commitment does not restrict potential restaurants to only American cuisine-style sandwiches.” The judge added that made-to-order gyros, naan wraps or banh mi would also be allowed, provided the restaurants complied with the other conditions.

Canadian regulators seem to be on Team Sandwich regarding this classification. The Canada Revenue Agency, for instance, considers sandwiches as “consisting of one or more pieces of bread, with meat, cheese, savoury or other topping or filling, all of which are suitable for immediate consumption.” As for the absence of bread in tacos and burritos, the CRA puts flour and corn tortillas in the bread basket, as it were, along with pita, naan, rolls, flatbread, focaccia, croissants and bagels.

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As the Washington Post reports, the Indiana court is far from the first to wade into sandwich categorization.

Everyone from the late Ruth Bader Ginsburg to Martha Stewart and Padma Lakshmi has given opinions on whether or not a hot dog is a sandwich. (Ginsburg said it was, Stewart said it wasn’t, and Lakshmi said, “It’s a poor excuse for a sandwich, but it’s technically a sandwich,” if you’re keeping score.)

“It’s actually a surprisingly complicated jurisdiction scheme,” Neal Fortin, a professor of food law at Michigan State University, told Great Big Story. For example, one government agency may regulate the hot dog, while another may regulate a hot dog on a bun.

In 2006, a superior court in Massachusetts reached the opposite conclusion as Indiana’s. Judge Jeffrey Locke ruled that tacos, burritos and quesadillas were not sandwiches, which inspired scholar Marjorie Florestal to explore the topic in the 2008 issue of the Michigan Journal of Race and Law.

This contradiction suggests that court rulings may come and go, but the answer is far from definitive. As Florestal concluded in her 59-page paper, “So, is a burrito a sandwich? I don’t know — it’s ambiguous.”

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Whether you agree with Judge Bobay or Locke, the words “sandwich,” “taco” and “burrito” share one important trait. They’re all verbs encompassing limitless possibilities. As Mexican chef, TV host and cookbook author Pati Jinich said in a 2022 interview with the National Post, “You can end up taco-ing or burrito-ing everything.”

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A judge ruled that tacos and burritos are sandwiches. What do you think? (2024)

FAQs

Are tacos and burritos considered sandwiches? ›

The judge ruled that tacos and burritos are “Mexican-style sandwiches,” reigniting the age-old debate. It's a question that has stood the test of time — and one that fed a years-long legal battle in an Indiana city. Are tacos considered sandwiches? According to one judge in Fort Wayne, Ind., the answer is yes.

Is a taco legally a sandwich? ›

The Court agrees with Quintana that tacos and burritos are Mexican-style sandwiches, and the original Written Commitment does not restrict potential restaurants to only American cuisine-style sandwiches.

Is a burrito a sandwich court? ›

In Quintana v. Fort Wayne Plan Commission, an Indiana judge held that tacos and burritos do qualify as sandwiches. However, this is not the first time that a judge has had to decide whether tacos and burritos are sandwiches. Before Quintana v.

What do tacos and burritos have in common? ›

The basic constitution of both the taco and the burrito is roughly the same. They are both made up of fillings wrapped up in tortillas.

What legally defines a sandwich? ›

The USDA uses the definition, "at least 35% cooked meat and no more than 50% bread" for closed sandwiches, and "at least 50% cooked meat" for open sandwiches. However, the same USDA manual determines the burritos and fajitas are "sandwich-like", and frankfurters are "sandwich type".

What is a sandwich considered as? ›

According to Merriam Webster Dictionary the definition of sandwich is: a: two or more slices of bread or a split roll having a filling in between. b: one slice of bread covered with food.

Why isn't a taco a sandwich? ›

This ruling diverges from a controversial 2006 Massachusetts state court decision, which held that tacos, burritos, and quesadillas do not fall within the ordinary meaning of "sandwich," because that term normally refers to a food item encased in two pieces of bread, while these Mexican foods usually only feature one.

Is an Oreo a sandwich? ›

Oreo (/ˈɔːrioʊ/; stylized in all caps) is a brand of sandwich cookie consisting of two cocoa biscuits or cookie pieces with a sweet fondant filling.

Is a burger technically a sandwich? ›

Technically speaking, Merriam-Webster defines a sandwich as “two or more slices of bread or a split roll having a filling in between.” So if you're looking to understand if a burger is a sandwich, the answer is technically yes. Burgers are sandwiches and we offer plenty of burgers near you.

Is a pizza a sandwich? ›

Thus, in the realm of culinary definitions, pizza finds itself in a gray area. But for this exploration, we can safely assert that a pizza, in its true essence, is not a sandwich.

Is hotdog a sandwich? ›

The NHDSC also sets it out pretty frankly (pun intended), taking first spot in its 25 Hot Dog Facts for 25 Years: “A Hot Dog is not a sandwich.” And as I've said before, limiting the hot dog's significance by saying it's “just a sandwich” is like calling the Dalai Lama “just a guy.”

Is a quesadilla a sandwich? ›

Yes, It's a Sandwich

It's melted cheese between one or two pieces of bread/wraps, which they say constitutes a sandwich and that therefore a wrap is also a sandwich. Other similar flatbreads include pita, lavash, or the Italian piadina, which are all commonly used as a bread element for a sandwich.

Is a burrito a taco or a sandwich? ›

"The Court agrees with Quintana that tacos and burritos are Mexican-style sandwiches, and the original Written Commitment does not restrict potential restaurants to only American cuisine-style sandwiches," the ruling read.

Why is a burrito not a taco? ›

A taco is similar to a burrito, but is served open rather than closed, is generally smaller, and is often made with corn tortillas rather than wheat tortillas. The taco editor of Texas Monthly argues that burritos are a type of taco. Dürüm is a Turkish wrap that is usually filled with typical doner kebab ingredients.

Why are tacos so popular? ›

Tacos are the perfect party food because they're easy to eat, and everyone gets to make their own. Plus, they're just plain fun to eat. There's something about biting into a soft tortilla filled with deliciousness that just makes people happy.

What category does tacos fall under? ›

Tacos are a common form of antojitos, or Mexican street food, which have spread around the world. Three varieties of taco (clockwise from left): carnitas, carne asada, and al pastor.

What is counted as a sandwich? ›

When it comes to sandwiches, the agency follows strict criteria. “A sandwich is a meat or poultry filling between two slices of bread, a bun, or a biscuit,” Mark Wheeler, who works in food and safety at the USDA, told NPR.

What food group is tacos? ›

They contain virtually every food group: meat, grains, dairy, fat/oil, vegetables, and fruits (tomatoes and avocados are fruits, right?). They are like a food pyramid in your mouth! To prove my point, let's break down the components of a typical taco.

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