Dangerous Incorporated
11-16-2006, 08:44 AM
US Judge Rules Burrito Isn't A Sandwich
A judge in the state of Massachusetts has settled a legal food fight by ruling that a burrito is not a sandwich.
It all started with a Bakery-cafe restaurant chain Panera Bread trying to keep teir competitor from opening a new restaurant in the same shopping mall.
The Bakery-cafe Panera said an exclusivity clause in its lease agreement prevented the shopping mall from renting space to any restaurant or bakery that made more than 10 per cent of its sales from sandwiches.
The owner of the White City Shopping Centre said that new restaurant wasn't in the business of selling sandwiches but rather burritos, tacos, nachos and enchiladas.
How did the judge come to the ruling? Judge Jeffrey Locke went straight to the dictionary definition of the word 'sandwich'.
Locke said the dictionary's definition of a sandwich was "two thin pieces of bread, usually buttered, with a thin layer spread between them".
"Under this definition and as dictated by common sense, this court finds the term '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".
He ruled there was no reason to not allow the new restaurant in the mall, since it clearly wasn't selling 'sandwiches'.
A judge in the state of Massachusetts has settled a legal food fight by ruling that a burrito is not a sandwich.
It all started with a Bakery-cafe restaurant chain Panera Bread trying to keep teir competitor from opening a new restaurant in the same shopping mall.
The Bakery-cafe Panera said an exclusivity clause in its lease agreement prevented the shopping mall from renting space to any restaurant or bakery that made more than 10 per cent of its sales from sandwiches.
The owner of the White City Shopping Centre said that new restaurant wasn't in the business of selling sandwiches but rather burritos, tacos, nachos and enchiladas.
How did the judge come to the ruling? Judge Jeffrey Locke went straight to the dictionary definition of the word 'sandwich'.
Locke said the dictionary's definition of a sandwich was "two thin pieces of bread, usually buttered, with a thin layer spread between them".
"Under this definition and as dictated by common sense, this court finds the term '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".
He ruled there was no reason to not allow the new restaurant in the mall, since it clearly wasn't selling 'sandwiches'.