Indiana Judge Rules Tacos Are Just Mexican-Style Sandwiches

There have been many discussions online about whether a hot dog is a sandwich but what about tacos? An Indiana judge has ruled that tacos and burritos “are Mexican-style sandwiches” in relation to a legal dispute surrounding a Fort Wayne strip mall.

Martin Quintana, the developer behind the new Quintana Plaza strip mall on Jefferson Boulevard in Fort Wayne, originally entered into a written agreement with the Covington Creek Condominium Association, which was meant to keep fast food restaurants from opening in the block of stores.

The agreement allowed for the opening of “made-to-order” sandwich restaurants, with Subway and Jimmy John’s listed as examples but banned “traditional fast food restaurants such as McDonald’s, Arby’s and Wendy’s.”

The agreement also prohibited any allowed restaurants from offering outdoor seating, drive-thru service or alcoholic beverages.

In 2022, Quintana made a deal to open a location of locally-owned eatery The Famous Taco in the strip mall. The condo association approved an amendment to allow the restaurant but it was the Allen County Plan Commission that rejected the amendment, citing the earlier written agreement that banned fast food restaurants.

The legal dispute was brought before Allen Superior Judge Craig J. Bobay, who ended up ruling that the opening of the Mexican restaurant would not require the original agreement to be amended at all since the restaurant wasn’t actually fast food.

Bobay wrote: “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. 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 said the original agreement would also apply to made-to-order restaurants offering Greek gyros, Indian naan wraps or Vietnamese Banh mi.

Source: https://www.wishtv.com/news/indiana-news/indiana-judge-rules-tacos-burritos-are-sandwiches/