Indiana judge rules that tacos and burritos are sandwiches

Originally published at:


Since the image doesn’t appear in the summary:

referenced here (#29):


Mcdonalds, Arby’s, and Wendy’s all sell made to order sandwiches. WTF.


If Subway was an example of an allowable sandwich I’m unclear on how tacos could possibly be considered outside the lines: different bread type; but the geometry is effectively identical with respect to the shape of the bread and its layout in relation to the filling.

If there had been some sufficiently specific definition demanding parallel planar bread with ingredients between I could see denying both tacos and burritos; it’d be a weirdly specific demand but a well-formed one. I’m hard pressed to think of a definition that would allow a sub but forbid a taco, though.


By the same logic a hamburger is also a sandwich, and it is not uncommon for hamburgers to be made to order. The issue here is that the agreement opposed two categories that are in fact largely overlapping.


I’m hard pressed to think of a definition that would allow a sub but forbid a taco, though.

I suppose a definition that hinged on the leavening could distinguish between the two.


Let me get this straight Fort Wayne, IN does not want tacos in their town? Then that’s a town I don’t want to live in.


I guess the point is that with ‘real’ made-to-order sandwiches you can make up any combination of fillings you like. Not quite the same as burger joints.


It’s not often you read a story where the homeowner’s association is on the side of reason. I’m pretty sure that might be one of the signs of the apocalypse. I guess at least there will be tacos while the world burns.

Hungry Happy Birthday GIF by megan lockhart


Look, this has all already been decided:


Wouldn’t that be a torta? I mean, if the ruling lets The Famous Taco operate there then sure, why not, but there’s already a specific food construction that fits the definition of “Mexican-style sandwich.” I’m also unsure as to why the Allen County Plan Commission has any say on the criteria of an agreement between the developer at the strip mall and the nearby condo association. If the condo association was throwing a fit, sure, but who’s this dude?


Something tells me you’ve never had to deal with an overzealous head of planning, zoning or building department. They seem to think they can interpret their own rules and regulations how they see fit, and that probably extends to whatever agreement was made by the condo association and the developer. I’m actually surprised this ended up in court. Usually when a planner digs in you have little recourse unless you have deep pockets. In which case maybe whoever sued the planning commission did.


sandwich restaurants, such as Subway, would be permitted at the mall but “traditional fast food restaurants such as McDonald’s, Arby’s and Wendy’s” were prohibited.

so… Subway isn’t a traditional fast food restaurant? (Subway’s menu is self-referred to as a “fast food menu”) [insert confused pangolin meme]


Shouldn’t the Lord Sandwich estate have been consulted?


You can be “sandwiched” between two mattresses, but you can’t be “sandwiched” inside of a sleeping bag. Ergo; a burrito is not a sandwich.

Thank you for attending my BED Talk.


I think the distinction is that at Subway ALL sandwiches are made to order, while at the “traditional fast food” places the primary business model is selling pre-made food (you only get a made-to-order sandwich if you want something customized).

So the taco place where (I assume) everything is made to order, along with Chipotle, is OK, but not Taco Bell.


AFAIK they are all made to order. There aren’t piles of hamburgers at mcdonalds waiting to be sold and orders of like “#1” at Arby’s aren’t fulfilled in seconds; they slice the beef to order.

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Admittedly I haven’t been in a McDonalds in decades, but during the lunch and dinner rushes there were piles of burgers waiting to be sold. Maybe things have changed, but I never ordered a burger at McDonalds to order. Wendy’s on the other hand I ordered to my preference practically every time, and, again decades ago, they expected you to do that.


I worked at McDonald’s in 2001. Everything was made to order it just came with the defaults unless specified. It gets done quick because everything is waiting and put together when ordered.


As usual, the lawyers are the only real winners in this saga.