Judge in Indiana rules that tacos and burritos are sandwiches

4 months ago 30

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Before we get started, I just have to note that I love that we live in a world where this story is possible. In 2022, Indiana shopping center developer Martin Quintana wanted to let Famous Taco restaurant open on a property that had particular-yet-ambiguous rules pertaining to food. The zoning policy forbade fast food establishments, but allowed exceptions for “Subway-style, made-to-order” businesses. (Make that make sense.) Residents nearby raised objections, an amendment was discussed and later rejected, and Quintana appealed to a Superior Court to weigh in. Now, finally, judgment has been rendered. Judge Craig J. Bobay affirmed this week that Famous Taco can open, no amendment necessary, because — wait for it — tacos, and burritos for that matter, are sandwiches too. I’m assuming Judge Bobay consulted the landmark Supreme Court case BLT vs Carnitas in order to reach his decision.

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. And he says burritos are sandwiches, too.

Allen County Superior Court Judge Craig J. Bobay wrote in a ruling Monday that tacos and burritos are “Mexican-style sandwiches.” Bobay made the decision in a case reviewing whether a restaurant, “Famous Taco,” could open a new location at a Fort Wayne shopping center.

The zoning policy for the property prohibits fast food, but allows exceptions for restaurants whose primary business is to sell “made-to-order” or Subway-style sandwiches. A city commission denied the request.

But Famous Taco, Bobay ruled, is allowed at the shopping center because it would serve “Mexican-style sandwiches,” and the zoning policy “does not restrict potential restaurants to only American cuisine-style sandwiches.” Hypothetically, other restaurants that serve made-to-order items, including “Greek gyros, Indian naan wraps or Vietnamese banh mi,” would also be allowed, Bobay wrote in his decision.

Attorneys for the Fort Wayne Plan Commission and the resident trying to open the Famous Taco restaurant in the shopping center did not immediately respond to requests for comment Wednesday.

A spokesperson for the Allen County Superior Court said Bobay does not comment on cases on his docket. But his ruling brought “the most food-related feedback” to the court, spokesperson John McGauley said. It also probably marked, McGauley added, the first time a ruling from the court had “shown up on Barstool Sports.”

In 2005, the Department of Agriculture published its own view on the sandwich debate with its Food Standards and Labeling Policy Book. The book stipulates that a burrito is a “Mexican style sandwich-like product.”

Another theory that led to much online debate is the Cube Rule, which categorizes food based on the location of the starch. Using the Cube Rule, a burrito is a calzone, or a dish fully enclosed in a starch, and a taco is just that — a taco, or a product with starch on the bottom and two opposing sides.

A hot dog is also considered a taco under the Cube Rule.

[From The Washington Post]

Wait, hold the mayo, stop the clock, WHAT is this Cube Rule?!?! Are we teaching our children that burritos are calzones and hot dogs are tacos?? Why don’t we say the sky is pink and frogs have wings while we’re at it?! For mustard’s sake, we haven’t even settled the debate on whether hot dogs are sandwiches! No wonder our country is so divided… As for the judge’s ruling, my big beef with it is that it centers the sandwich as the marker by which all other cuisines are compared. In the culinary melting pot that is America, can’t we let historically marginalized flavors set the standards now? Instead of categorizing a taco as a “Mexican-style sandwich,” let’s start calling chicken salad sandwiches “enormously disappointing tacos,” is all I’m saying. Now if you’ll excuse me, I’m about to dig into a delectable grilled ham & cheese taco for lunch.