Could a Taco Be Considered a Sandwich? Indiana Judge Believes So

One Indiana restaurateur’s attempt to open a Mexican restaurant resulted in a judge intervening to rule that tacos and burritos are considered sandwiches.

The Famous Taco owner Martin Quintana attempted to open his second location in Fort Wayne. However, a commitment with the plaza stipulated that any restaurant that opened there must be “a sandwich bar-style restaurant whose primary business is to sell ‘made-to-order’ or ‘subway-style’ sandwiches.”

Quintana attempted to amend the commitment to allow for tacos and burritos, but the Fort Wayne Plan Commission denied any changes. As a result, Quintana sued the commission in Allen Superior Court in 2022 to continue the construction of his restaurant. Judge Craig Bobay ruled in both parties’ favor on Monday, upholding the commitment as it was written but also ruling that Quintana could still sell his food under it.

“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 wrote in his decision.

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Bobay left the door open for an appeal from either party. However, Quintana reportedly claimed he will go through with his restaurant, which is slated to open later this year.

The Washington Examiner reached out to Quintana and Fort Wayne Plan Commission legal counsel for comment.