Tacos and burritos are now legally sandwiches, at least according to a judge in Allen County, Indiana.
Judge Craig J. Bobay ruled that tacos and burritos are "Mexican-style sandwiches," in the recent Allen County Superior Court case of Martin Quintana vs the Fort Wayne Planning Commission.
Quintana was planning to open a restaurant called The Famous Taco Mexican Grill in a strip mall in Fort Wayne, in 2022, but the Fort Wayne Planning Commission rejected his plans based on the restrictions that Quintana agreed to, set forth by the nearby Covington Creek Association.
The restrictions prohibited the opening of any restaurant, with the exception of a "sandwich bar-style restaurant whose primary business is to sell 'made-to-order' or 'subway-style' sandwiches."
Quintana tried unsuccessfully to propose a new amendment in which tacos and burritos were considered sandwiches. When he took the case to court, the court agreed with Quintana
"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 court order said.
The order said the original Written Commitment would also permit restaurants that served made-to-order Greek gyros, Indian naan wraps, or Vietnamese banh mi if these restaurants complied with the other conditions.
