Tacos and Burritos Are Legally Sandwiches, Judge Rules

The issue stemmed from a zoning dispute.

While the debate rages on whether or not a hot dog is a sandwich, an Indiana judge has ruled that Mexican fare including tacos and burritos are apparently sandwiches as well. But while the ruling may be odd, it was necessary for the owners of a local Mexican restaurant to open a second location.

According to WISH-TV 8 News, the issue stemmed from commercial developer Martin Quintana seeking a zoning change for his Fort Wayne strip mall in 2019. At the time, to appease residents of a nearby Covington Creek Condominium Association, Quintana agreed to an agreement that would prohibit a fast food restaurant from opening in the commercial strip.

In addition to traditional fast food restaurants such as McDonalds, Arbys, and Wendys, the written commitments also excluded outdoor seating, drive-through service, and the sale of alcoholic beverages.

However, the cause did allow for "a sandwich bar-style restaurant whose primary business is to sell ‘made-to-order’ or ‘subway-style’ sandwiches" to open in the space, noting examples like Subway or Jimmy John's.

So when Quintana had plans to open a second location of a local Mexican restaurant, Famous Taco Mexican Grill in the strip mall in 2022, he proposed an amendment to the written commitments. But when planning commission officials denied his request for the amendment, he took his case before a judge.

And on Monday, Allen Superior Judge Craig J. Bobay ruled that an amendment wasn't necessary as tacos and burritos are considered "Mexican-style sandwiches."

"The proposed Famous Taco restaurant would serve made-to-order tacos, burritos, and other Mexican-style food, and would not have outdoor seating, drive through service, or serve alcohol," Bobay said in his ruling. "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."

Bobay added that the original agreement would also permit a restaurant that serves made-to-order Greek gyros, Indian naan wraps, or Vietnamese banh mi as long as the establishment complied with the other conditions.

The planning commission is still within rights to appeal, so it remains to be seen whether tacos and burritos will legally remain sandwiches in the eye of the court. But in the meantime, the Famous Taco signage is already in place at the proposed location with an opening date to be determined.