The case was less about "are these sandwiches" and more about whether a restaurant that makes "built to order" tacos and burritos was legally equivalent to a restaurant that makes "built to order" sandwiches... in short is Chipotle and Moe's legally equivalent to Subway and Quizno's.
And an important note here is "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.”"
This Indiana judge is using the British definition. From Wikipedia: 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. In Britain, the British Sandwich Association defines a sandwich as "any form of bread with a filling, generally assembled cold", a definition which includes wraps and bagels, but excludes dishes assembled and served hot, such as burgers.
Good. People who bring "topology" into it are missing the point. Sandwiches are a type of working-class food where a piece of bread is used to make a meal hand-held. They're a style of eating. It's a terrible accident of history that this ancient peasant food that transcends cultures was named after a rich idiot from England, but that's the name we're stuck with. So let's not squabble about whose sandwiches are more legit.
My grandma said burritos arnt mexican, she'd never seen people eat food wrapped up and enclosed in a burrito. Her family never ate 'white people' (flour) tortillas though, and making a burrito with a corn tortilla is hard.
The restaurant in question sells tortas too and the developer would allow a subway that sold sandwich fillings inside a flatbread wrap or on a salad but not a place that sold taco fillings inside a tortilla or torta bun. Good for him!
this is stupid - topologically, tacos are class-defining (hot dogs are tacos too) and burritos like the one in OP's picture are sushi unless you tuck in the ends chipotle-style at which point they become calzones
can you get serious please. pizza is toast, sushi is sushi, hot dogs and tacos are tacos, pop tarts and ravioli are calzones, and sandwiches are sandwiches except for club sandwiches which are cake. this is very simple
Wait a minute. The addition of "Uncrustable (unbitten)" would seem to suggest that bitting into the food is considered a change of structure and can result in recategorization. That's just pure anarchy!
my feeling on this is that a hotdog is not a sandwich because you need the filling in between two pieces of bread (or bread substitute). The usual counterpoint is "what about open sandwiches", to which I would retort that even though they have sandwich in the name, they are not sandwiches in the same way that a strawberry is not a berry and a coconut is not a nut. But I am willing to hear out the counterarguments from qualified expert sandwichologists
The question here is "are the contents sandwiched or nestled?" In the case of subs, if the roll is sliced into two distinct pieces of bread, it is a sandwich. If not, it's contents will be nestled within an intact bun, making it a hotdog. It's really quite simple.
I would guess thar a mall tenant had a lease with exclusive rights to operate a sandwich shop and objected to a burrito shop opening up and competing with them in a market they had paid a premium to protect..
Tax categories or regulations of some kind I assume. There was a well known case in the UK about whether "Jaffa Cakes" count as cakes or biscuits and it was because the company who made them wanted to avoid VAT (sales tax)
In 1985, in Canada, Jamaican restaurants in Toronto were told they would be fined if they continued to call their product "patties," because patties are a legally defined term (as in, hamburgers). After much back and forth, it was settled that the item could be called "Jamaican patty."
Not to mention the classic "fruit or vegetable" ruling: Nix v. Hedden (1893), in which the USSC had to rule that the tomatoes are vegetables for custom regulations because the plaintiff was trying to bypass duties paid only on vegetables. This also ruled that beans, cucumbers, squash, and peas are likewise vegetables.
Meanwhile, the EU declared carrots and tomatoes fruit to save doce de cenoura, because only "fruit can be used to make jam" (a rule meant originally against additives).
Also the time that Marvel('s subsidiary) argued that because X-Men are non-human they are toys and not dolls (and thus require only a lesser customs duty).
there was a development of some kind, a strip mall I think, but i didn't pay close attention to that part, that didn't allow restaurants but had exceptions for sandwich shops (unsure if that was zoning thing or lease thing). the taco shop owner applied to have that amended to allow tacos too, and was rejected, they appealed and the judge basically said that the rejection was allowed, but that tacos are mexican style sandwiches, so the amendment is not needed in the first place.
Calzones are just pizza sandwiches. What about lasagna between two slices of garlic bread? Sushi rolls are just Japanese burritos so they should be in too. I wonder how far you could stretch this...
They allowed restaurants, I think, just not fast food joints unless they were “made to order sandwiches” (ala subway), and since they are a made to order taco shop, they felt like they counted since tacos are Mexican sandwiches
ahh. I skimmed the article, but I wasn't paying close attention to the details. I do recall it specifically not allowing drive-thrus and outdoor seating. and that it did specifically allow made-to-order sandwiches.
Look, it's not about being factual. It's a judge essentially ruling against a dumb stipulation a mall set that disallowed food shops that weren't sandwich shops. This is a win.
1) Subway Restaurant operations don't require most of the infrastructure that a restaurant with a kitchen will require, meaning that they can be opened in almost any generic retail space with adequate foot traffic and/or parking.
2) Fast Food restaurants don't typically depend on market saturation, they pick their locations carefully and so in a mall, only a food court is workable.
3) SubWay is one of the biggest fast food brands in the US and has plenty of leverage.
There we are. Even your average diner uses a flattop, a deep fryer, several stoves, a walk in cooler, raw foods, etc which in turn require better sanitation, a nice fire suppression system, etcetc.
My assumption would be traffic in and out. Most subways don't have a drive-through. Or at least not around me. Even if they do, I imagine they get a 10th of Mcdees traffic
I'm not following you on this. First, wouldn't they want a lot of traffic? Second, just because a fast food place often does have a drive-through they don't have to. I've definitely seen McDonald's Taco Bell Burger King, what have you that don't have drive-throughs.
xlavoie
@OP how many years have you been waiting for this?
tacosarejustmexicansandwhiches
All of them. All. Of. Them.
Hexidimentional
*angrily sets fire to her food cube theory*
Midgarmerc
Technically tortillas are flat bread so much like hot dogs and fried chicken they are sandwiches
Yermamma
@MrSwissroll
lunaticfringedjacket
I miss the Seven Layer burrito from Taco Bell.
DidItForScience
Pretty much all food is a stack or a wrap. Tacos and sandwiches are forms of stacks... tacos are just folded to hold easier.
Krashtestdummy
thedarklord187
For anyone interested in the court case and why it was determined https://apnews.com/article/tacos-burritos-mexicanstyle-sandwiches-29b5b9351365bf5dabc6e520fe66e970
nobodybelievesme
It's your time to shine, OP.
SunshineRose
I thought Mexican sandwiches were called tortas, completely different thing
Whooa
A friend of mine got to do a ruling that hot dogs were not sandwiches.
psmith00
that will have to go up to the SCRotUS for affirmation, i'm sure.
NekoboiSam
No, they're cannolies
rossonerinho
Is a wrap a sandwich? If it is not, they could have argued that a burrito is a wrap, not a sandwich.
korndogg83
The only judgement I will recognise is the considered opinion of @MrSwissroll :
MrSwissroll
Tacos and burritos...as sandwiches?!
HighMagosSquidward
He's out of line but he's right
DarthGoodguy
If he’d ruled like this in Indiana vs. Hot Dog they’d have drowned him in the Wabash
dixxienormus
That is amazingly amazing. Nobel prize for that one in the Special Category of the Bleeding Obvious.
JesaraB
The case was less about "are these sandwiches" and more about whether a restaurant that makes "built to order" tacos and burritos was legally equivalent to a restaurant that makes "built to order" sandwiches... in short is Chipotle and Moe's legally equivalent to Subway and Quizno's.
JesaraB
And an important note here is "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.”"
PilgrimScott
Username checks out
spontaneous9
* sandwiches
tacosarejustmexicansandwhiches
JimmyWalkerTexasRanger
retrostone21
I don't think Indiana gets to dictate what Mexican food is. Or else that sets a dangerous global precedent.
Malinut
This Indiana judge is using the British definition.
From Wikipedia: 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.
In Britain, the British Sandwich Association defines a sandwich as "any form of bread with a filling, generally assembled cold", a definition which includes wraps and bagels, but excludes dishes assembled and served hot, such as burgers.
jethroismaxbaer5772
There's a Sandwich Association? I need to apply for membership.
imreallyjusthereforthecats
So by USDA standards, a PB&J is not a sandwich and by British standards neither is a grilled cheese
hetnkik999
That burrito doesn't even look lie a Mexican style burrito. Is that ground beef? Get that shit out of here.
aThingWithTheStufAndTheJunk
Carne molida.
tacosarejustmexicansandwhiches
Once you eat it that's exactly what it's going to do, hey ooooooh
gnomedeplume
wait till you hear about sushi rolls
hetnkik999
Nani!?
l0calh0st
That’s Indiana, what kind of Mexican food do you expect there?
apLundell
Good. People who bring "topology" into it are missing the point. Sandwiches are a type of working-class food where a piece of bread is used to make a meal hand-held. They're a style of eating. It's a terrible accident of history that this ancient peasant food that transcends cultures was named after a rich idiot from England, but that's the name we're stuck with. So let's not squabble about whose sandwiches are more legit.
apLundell
I mean, "Sandwich" covers so much ground that trying to make picky distinctions about exactly how the bread surrounds the filling is madness.
HavelTh3Rock
Okay, I understand that, and tend to partially agree, but by that definition, is a taco now also a hotdog?
unclesporky
"Hotdog" often colloquially describes the meat. You can have a taco with hotdog in it.
NiftyGoblin
My grandma said burritos arnt mexican, she'd never seen people eat food wrapped up and enclosed in a burrito. Her family never ate 'white people' (flour) tortillas though, and making a burrito with a corn tortilla is hard.
bigeasy44
They have aways been sandwiches

imreallyjusthereforthecats
Torta is the Mexican style sandwich
darksideofthemoonmoon
92% of Mexican food is same yummy shit in a different package. I could eat it every day.
Misora
The restaurant in question sells tortas too and the developer would allow a subway that sold sandwich fillings inside a flatbread wrap or on a salad but not a place that sold taco fillings inside a tortilla or torta bun. Good for him!
SmoeAhsolse
Snooj
That makes sense because a tortellini is basically a small sandwich.
FweejTheOverseer
Torta means cake in Italian.
Snooj
So tortallini is a small cake and tortellini is a small sandwich. Man, feels like I already speak Italian.
SaveitforQueenDoppelpoppolus
this is stupid - topologically, tacos are class-defining (hot dogs are tacos too) and burritos like the one in OP's picture are sushi unless you tuck in the ends chipotle-style at which point they become calzones
Feralkyn
Haurus
Thanks, from now on i'll be refering to hotdogs as wiener tacos.
CoarseAndSalty
FINALLY a sane voice in this nonsense!
BeardicPerformance
Counterpoint, all of those things are just different kinds of sandwiches. Pizza, sushi, hot dogs, tacos, PopTarts, ravioli, all sandwiches.
MyCatsAreTypingThis
PopTarts are fruit filling calzones.
CoarseAndSalty
Fig Newtons are fruit and cake.
CoarseAndSalty
... Beef Wellington, Baked Alaska, French Onion Soup. Maybe we're all just sandwiches of meat and skin...
SaveitforQueenDoppelpoppolus
can you get serious please. pizza is toast, sushi is sushi, hot dogs and tacos are tacos, pop tarts and ravioli are calzones, and sandwiches are sandwiches except for club sandwiches which are cake. this is very simple
BlindGardener
Nah. It’s a sandwich if you can go into a crowded theatre, shout “SANDWICH” and the majority of people understood what you meant.
Salticido
This disregards the existence of "open-faced sandwiches"
BeardicPerformance
All just different types of sandwiches. All food is either soup, salad, sandwich, or cotton candy.
NationofSchrad
Cotton candy should be classified with food on a stick.
BeardicPerformance
Lots of food on sticks are just sandwiches or salads. Corndog? Sandwich. Kabob? Salad.
gnomedeplume
the salad one can also include naked tacos
NationofSchrad
Ecce, taco!
gnomedeplume
Diogenes has entered the food court
therealalansmithee
Next case: hotdogs
lsybarra
I like to call them the "Big boy sausage mobiles"
TheRealFireFrenzy
hotdogs are tacos
JoeT85
Hot dogs, when bunned up, are sandwiches. But I'm hear for the argument / debate.
Iaimtomisbehave
coothlesscthulhu
billyrayvirus
hotdog is a subcategory of submarine sandwich, which is a subcategory of sandwich.
lleuth63
Hierarchical phylogeny is bullshit... But you're right, and everyone is scared of it
TheRealFireFrenzy
a hotdog is a taco we learned this from the cube food rule
BlackTrashTiger
bigeasy44
Already done. Hot dogs are true neutral sandwiches
drezrale
Technically speaking, spaghetti is a sandwich
remaker
Cuberule.com
whateverthevoicestellme
Right? I thought this was settled law.
LCMcG
Wait a minute. The addition of "Uncrustable (unbitten)" would seem to suggest that bitting into the food is considered a change of structure and can result in recategorization. That's just pure anarchy!
NationofSchrad
According to the state of New York, hotdogs are sandwiches.
KilroyLichking
well according to them a hero is a sandwich so i'm not surprised
sal0qwerty
But... it is...
NationofSchrad
Heroes are more of a Jersey/Philly thing. We call ‘em subs.
vmos
my feeling on this is that a hotdog is not a sandwich because you need the filling in between two pieces of bread (or bread substitute). The usual counterpoint is "what about open sandwiches", to which I would retort that even though they have sandwich in the name, they are not sandwiches in the same way that a strawberry is not a berry and a coconut is not a nut. But I am willing to hear out the counterarguments from qualified expert sandwichologists
HavelTh3Rock
Counterpoint: submarine sandwich.
LCMcG
The question here is "are the contents sandwiched or nestled?" In the case of subs, if the roll is sliced into two distinct pieces of bread, it is a sandwich. If not, it's contents will be nestled within an intact bun, making it a hotdog. It's really quite simple.
HavelTh3Rock
so you're saying a submarine sandwich is a hotdog.
LCMcG
Sorta. In the sense that in my opinion "subs are hotdogs" sounds exactly as ridiculous to me as "hotdogs are sandwiches."
OtheBobo
It's a taco
HeresYourSauce
For what purpose?
makeupcall
the intensive one
Hekatombe
https://apnews.com/article/tacos-burritos-mexicanstyle-sandwiches-29b5b9351365bf5dabc6e520fe66e970
JimmyWalkerTexasRanger
jnmjnmjnm
I would guess thar a mall tenant had a lease with exclusive rights to operate a sandwich shop and objected to a burrito shop opening up and competing with them in a market they had paid a premium to protect..
eastend666
Sounds like you've read a commercial lease or two. It's interesting for a layman like me to learn about the various clauses and their purposes.
WaterUnderTheRocketAppliances
Sexual purposes.
khora
Deliciousness.
BlindGardener
For the purpose of a no-compete agreement in a lease of a mall rental space.
g0atsmuggler8
So they can taco bout it.
somerandomusernamebecauseididntlikemyoldone
Usually these rulings are for tax, safety, zoning, or similar purposes.
TacticoolWolf
Lunch
Generricwhiteman
Eating.
spontaneous9
So one shop owner could tell another one to go pound sandwiches probably what happened.
Apollymkatistrafia
To help businesses dodge paying a living wage to full time employees
pixelsnader
So Catholics can eat them during Lent.
acuteavocado7
to look busy
Youhavinagiraffe
Tax categories or regulations of some kind I assume. There was a well known case in the UK about whether "Jaffa Cakes" count as cakes or biscuits and it was because the company who made them wanted to avoid VAT (sales tax)
ScootyPuffSr
In 1985, in Canada, Jamaican restaurants in Toronto were told they would be fined if they continued to call their product "patties," because patties are a legally defined term (as in, hamburgers). After much back and forth, it was settled that the item could be called "Jamaican patty."
TeeweeAndSmashboy
https://www.cbc.ca/amp/1.6352203
Meltemi
Not to mention the classic "fruit or vegetable" ruling: Nix v. Hedden (1893), in which the USSC had to rule that the tomatoes are vegetables for custom regulations because the plaintiff was trying to bypass duties paid only on vegetables. This also ruled that beans, cucumbers, squash, and peas are likewise vegetables.
Meanwhile, the EU declared carrots and tomatoes fruit to save doce de cenoura, because only "fruit can be used to make jam" (a rule meant originally against additives).
Jyx123
Also the time that Marvel('s subsidiary) argued that because X-Men are non-human they are toys and not dolls (and thus require only a lesser customs duty).
(Toy Biz, Inc vs United States 2003)
dunkum09
there was a development of some kind, a strip mall I think, but i didn't pay close attention to that part, that didn't allow restaurants but had exceptions for sandwich shops (unsure if that was zoning thing or lease thing). the taco shop owner applied to have that amended to allow tacos too, and was rejected, they appealed and the judge basically said that the rejection was allowed, but that tacos are mexican style sandwiches, so the amendment is not needed in the first place.
Styreta
Love stuff like this. Tax law makes some demented categories too. Pizza is a vegetable and honey is meat etc
datphone777365
Tell us more.
Eroen0
Napkins are made from plants and thus a vegetable.
jrblast
It was an HOA thing apparently 😔
dunkum09
is that what it was? I skimmed the article on it the other day, to try and get the gist, but obviously I didn't retain a bunch of the details.
alaest0r
Calzones are just pizza sandwiches. What about lasagna between two slices of garlic bread? Sushi rolls are just Japanese burritos so they should be in too. I wonder how far you could stretch this...
B99Reactions
If everything's a sandwich, nothing is a sandwich
ProphetofEntropy
what are hot dogs but open faced sandwiches on a custom roll?
olivertheoctopus
They allowed restaurants, I think, just not fast food joints unless they were “made to order sandwiches” (ala subway), and since they are a made to order taco shop, they felt like they counted since tacos are Mexican sandwiches
dunkum09
ahh. I skimmed the article, but I wasn't paying close attention to the details. I do recall it specifically not allowing drive-thrus and outdoor seating. and that it did specifically allow made-to-order sandwiches.
BadBootyShakinPickANosis
They don't want chain fast foods like BK and McD's . They want to keep more Mom n Pop.
baals
Then what's a torta?
srsfaceI8C
Look, it's not about being factual. It's a judge essentially ruling against a dumb stipulation a mall set that disallowed food shops that weren't sandwich shops. This is a win.
alcaray
It allows tacos and burritos to have the same rights and protections that sandwiches enjoy in the US.
Thornaxe
Odd line to draw. Maybe they had a subway when they adopted the policy and didn’t wanna kick out a good tenant.
TheGek0h
1) Subway Restaurant operations don't require most of the infrastructure that a restaurant with a kitchen will require, meaning that they can be opened in almost any generic retail space with adequate foot traffic and/or parking.
2) Fast Food restaurants don't typically depend on market saturation, they pick their locations carefully and so in a mall, only a food court is workable.
3) SubWay is one of the biggest fast food brands in the US and has plenty of leverage.
Pick any ^
astrangehop
There we are. Even your average diner uses a flattop, a deep fryer, several stoves, a walk in cooler, raw foods, etc which in turn require better sanitation, a nice fire suppression system, etcetc.
Isthe4thtimethecharm
My assumption would be traffic in and out. Most subways don't have a drive-through. Or at least not around me. Even if they do, I imagine they get a 10th of Mcdees traffic
Badprenup
I'm not following you on this. First, wouldn't they want a lot of traffic? Second, just because a fast food place often does have a drive-through they don't have to. I've definitely seen McDonald's Taco Bell Burger King, what have you that don't have drive-throughs.