WORCESTER, Mass. - Is a burrito a sandwich? The Panera Bread Co. bakery-and-cafe chain says yes. But a judge said no, ruling against Panera in its bid to prevent a Mexican restaurant from moving into the same shopping mall.
Panera has a clause in its lease that prevents the White City Shopping Center in Shrewsbury from renting to another sandwich shop. Panera tried to invoke that clause to stop the opening of an Qdoba Mexican Grill.
But Superior Court Judge Jeffrey Locke cited Webster's Dictionary as well as testimony from a chef and a former high-ranking federal agriculture official in ruling that Qdoba's burritos and other offerings are not sandwiches.
The difference, the judge ruled, comes down to two slices of bread versus one tortilla.
"A sandwich is not commonly understood to include burritos, tacos and quesadillas, which are typically made with a single tortilla and stuffed with a choice filling of meat, rice, and beans," Locke wrote in a decision released last week.
Also, Qdoba is one of the few chain places I would put on my "best burritos" list*.
*Note: this list does not actually exist.....yet.
I've never had Qdoba. Burritos are normally the one food item I'm kind of snobby about, but seeing as how they're owned by Jack In the Box, I might give them a shot.
The difference, the judge ruled, comes down to two slices of bread versus one tortilla.
No wonder Subway always compares itself to McDonald's burgers.
Although that begs the question: What about a Cheesesteak? Is THAT a sandwich? Because they just have a roll and cut open one side of it leaving just ONE SLICE OF BREAD.
Although that begs the question: What about a Cheesesteak? Is THAT a sandwich? Because they just have a roll and cut open one side of it leaving just ONE SLICE OF BREAD.
HMMM?
(Man, I'm gonna be such a good lawyer.)
Can you legally put a roll, bun or loaf in the same category as sliced bread? If one cuts through the roll does it become sliced bread or does it continue to be a roll?
Although that begs the question: What about a Cheesesteak? Is THAT a sandwich? Because they just have a roll and cut open one side of it leaving just ONE SLICE OF BREAD.
HMMM?
(Man, I'm gonna be such a good lawyer.)
Can you legally put a roll, bun or loaf in the same category as sliced bread? If one cuts through the roll does it become sliced bread or does it continue to be a roll?
If the roll has been sliced through so there are are now two wholly distinct and contiguous pieces of roll, I would argue that it would fall within the category of "sliced bread" since the plain definition of "bread" would include "rolls" and it has been "sliced". Thus, if we were to apply the holding of Paneria v. Qdoba, it follows that anything made by placing other ingredients between the two halves of the aforementioned sliced roll would be a legal sandwich.
I think the more pressing question arises when we have a roll that has not been sliced through completely. Is that then classified as a "burrito"? And is that classification now "suspect" and entitled to greater constitutional protection under Caroline Products fn. 4?
I wish I hadn't dropped out of my law journal. This would make an AMAZING law review article.
I think the more pressing question arises when we have a roll that has not been sliced through completely. Is that then classified as a "burrito"? And is that classification now "suspect" and entitled to greater constitutional protection under Caroline Products fn. 4?
I wish I hadn't dropped out of my law journal. This would make an AMAZING law review article.
Well, according to the previously mentioned Paneria v. Qboda the definition of "burrito" hinges upon the inclusion of a "tortilla". Therefore, a half sliced roll (one which has not yet become sliced bread), having not been defined as a "tortilla" can not be classified as a "burrito".
I think the more pressing question arises when we have a roll that has not been sliced through completely. Is that then classified as a "burrito"? And is that classification now "suspect" and entitled to greater constitutional protection under Caroline Products fn. 4?
I wish I hadn't dropped out of my law journal. This would make an AMAZING law review article.
Well, according to the previously mentioned Paneria v. Qboda the definition of "burrito" hinges upon the inclusion of a "tortilla". Therefore, a half sliced roll (one which has not yet become sliced bread), having not been defined as a "tortilla" can not be classified as a "burrito".
Also, Qdoba is one of the few chain places I would put on my "best burritos" list*.
*Note: this list does not actually exist.....yet.
I've never had Qdoba. Burritos are normally the one food item I'm kind of snobby about, but seeing as how they're owned by Jack In the Box, I might give them a shot.
Didn't Jack In The Box have a huge food poisoning case awhile back? Something like that?
Also, Qdoba is one of the few chain places I would put on my "best burritos" list*.
*Note: this list does not actually exist.....yet.
I've never had Qdoba. Burritos are normally the one food item I'm kind of snobby about, but seeing as how they're owned by Jack In the Box, I might give them a shot.
Didn't Jack In The Box have a huge food poisoning case awhile back? Something like that?
Oh come on. Who doesn't like a little e coli for seasoning once in a while?
(Seriously, though. Jack In the Box is soooooooo good. Mmmmm.)
Subrosa said:
I've never had Qdoba. Burritos are normally the one food item I'm kind of snobby about, but seeing as how they're owned by Jack In the Box, I might give them a shot.
Didn't Jack In The Box have a huge food poisoning case awhile back? Something like that?
Exactly.
I was going to say "Jack In The Box owning them counts as a plus in their corner? "
Subrosa said:
Oh come on. Who doesn't like a little e coli for seasoning once in a while?
(Seriously, though. Jack In the Box is soooooooo good. Mmmmm.)
We don't know nothin' 'bout Jack In The Box here, unless one of our dad's co-workers sued them. Then we know that they had a big E. Coli problem that killed a few toddlers and necessitated a few liver transplants and the like.
a partially sliced roll is still bread and its definitely sliced, albeit partially. besides, all the juice and shit eventually weakens the spine to the point of separation.
jason said:
a partially sliced roll is still bread and its definitely sliced, albeit partially. besides, all the juice and shit eventually weakens the spine to the point of separation.
But the holding clearly notes that the fact that there are two slices of bread is significant. So is a cheesesteak a sandwich at its conception or only at the point where it falls all apart and there are two slices of bread?
And yeah... what about the "wrap" issue? Because I've certainly ordered "sandwich wraps" before. What then?
jason said:
a partially sliced roll is still bread and its definitely sliced, albeit partially. besides, all the juice and shit eventually weakens the spine to the point of separation.
But the holding clearly notes that the fact that there are two slices of bread is significant. So is a cheesesteak a sandwich at its conception or only at the point where it falls all apart and there are two slices of bread?
And yeah... what about the "wrap" issue? Because I've certainly ordered "sandwich wraps" before. What then?
The mind boggles.
Sandwich wraps are actually "sandwich-esque wraps" which are, in fact, wraps, not sandwiches. Wraps, consisting of a filling wrapped in a single tortilla, are clearly a subset of burritos. Furthermore, on the question of rolls, the lack of a tortilla differentiates cheesesteaks from burritos, as has been mentioned, so the point at which the bread separates is moot.
Subrosa
San Francisco, CA
July 2004
NOV 13, 2006 10:45 AM