Judge Rules Tacos Are Mexican-Style Sandwiches In Unusual Decision: REPORT

REUTERS/Eric Thayer

Fiona McLoughlin Contributor
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A judge reportedly ruled Monday that “tacos and burritos are Mexican-style sandwiches” in a civil case that will now allow a Famous Taco restaurant to open in Fort Wayne, Indiana.

Martin Quintana filed a civil suit against the Fort Wayne Plan Commission after his plans of opening a made-to-order Mexican restaurant in a local plaza were blocked, according to The Journal Gazette.

An initial written commitment only allowed made-to-order sandwich shops that do not include outdoor seating, alcoholic beverages or a drive-thru, the outlet noted. Quintana reportedly suggested an amendment that would allow for made-to-order Mexican-style foods.

The commitment limited the plaza to developments “whose primary business is to sell ‘made-to-order’ or ‘subway-style’ sandwiches,” the outlet noted. The commitment reportedly lists Jimmy John’s and Subway as made-to-order restaurant examples. However, the document specifically prohibits fast-food restaurants, according to the outlet.

Judge Craig Bobay wrote in his order the commission acted within its authority in denying the amendment, according to The Journal Gazette. However, Bobay reportedly ruled the request was unnecessary as the original commitment allows for restaurants like the one Quintana proposed.

“In other words, the amendment, while certainly courteous, was not necessary,” the order ruled, the outlet reported.

“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 elaborated in the order, WANE 15 reported.

“The original Written Commitment would also permit a restaurant that serves made-to-order Greek gyros, Indian naan wraps, or Vietnamese Banh mi if these restaurants complied with the other enumerated conditions,” the judge added, the outlet noted.

Quintana explained back in Oct. 2022 to a public hearing that the amendment to the written commitment was in part meant to address whether or not a taco could be categorized as a sandwich, as the association appeared to be trying to argue it was not in order to deny his proposal, The Journal Gazette reported. (RELATED: Woman Caught On Video Wildly Attacking Taco Vendor After Allegedly Refusing To Pay For Food).

While the Famous Taco has signage and equipment prepared for use, it’s not known whether the restaurant will open, WANE 15 reported.