Is a taco or burrito a sandwich? Here's what a judge decided

A Mexican restaurant in Fort Wayne, Indiana, wanted to open in a neighborhood that only allowed businesses with “Subway-style sandwiches” to move in. A judge ruled that tacos and burritos are really Mexican-style sandwiches and the shop will be allowed to open.

Martin Quintana, the owner of Famous Taco, a Mexican-style restaurant that serves made-to-order burritos, tacos and other food items located about 125 miles north of Indianapolis, sought zoning approvals from the Fort Wayne Plan Commission for 5 years to upgrade the space from a single family designation to a limited commercial occupancy for his business, according to the court documents.

To be compliant, Quintana’s restaurant had to be a “sandwich bar-style” facility that sold “made-to-order” or “Subway-style” sandwiches. In addition, the commitment excluded fast food restaurant chains like Arby’s, McDonald's and Wendy’s, the court documents said. “It kind of became an argument of... is a taco a sandwich or not. So, we thought it's easier to agree that it fits within the character and scope of what we had anticipated. And so we have an amendment,” Quintana’s representatives said in 2022, according to the court documents.

After years of legal proceedings, Judge Craig Bobay of the Allen Superior Court ruled on Monday that Famous Taco was eligible to open and operate its business under the terms of the original written commitment created in 2019. Bobay said that the restaurant was compliant according to the commitment, the court documents said. “The Court agrees with Quintana that tacos and burritos are Mexican style-sandwiches, and the original written agreement does not restrict potential restaurants to only American cuisine-styled sandwiches,” Bobay’s decision said.