So, you think a burrito is a sandwich? Tell it to the judge
11/17/06

It’s funny the things we take for granted; some stuff that we think is just plain obvious is not so obvious to others. For instance, if someone were to ask you if a burrito is a sandwich, you’d probably say “No, it’s a burrito.” Of course, if someone were to ask me if a burrito is a sandwich, I’d say “No, it’s a burrito, you idiot – that’s why it’s called a burrito and not a sandwich.” Not surprisingly, people don’t ask me a lot of questions. Not twice, anyway.

But back to the burrito/sandwich conundrum. We must remember that we live in Texas, and we know that a burrito is not a sandwich. But not everyone is so lucky, and in some benighted places – such as Massachusetts – people have to rely on a judge to officially rule that a burrito is not a sandwich.

In Worcester, Mass., a bakery-and-cafe chain is trying to keep a Mexican joint out of the same shopping mall by invoking a clause in its lease that prevents the mall from renting to another sandwich shop. The chain, Panera Bread Co., is arguing that Qdoba Mexican Grill sells burritos and burritos are sandwiches, and that the mall violated the no-sandwich clause by renting to them.

Lawyers for Panera had argued for a very broad definition of a sandwich. They argued that a flour tortilla is bread, and that anything made with bread and a filling is a sandwich. The difference, the judge ruled, comes down to two slices of bread versus one tortilla.

In his decision last week, the judge wrote, "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.” He did not mention salsa, but that’s probably just an oversight.

The judge didn’t make the ruling on his own. He didn’t just say, “Hey, I gotta agree with Jeff on this one. A burrito is not a sandwich, you idiot – that’s why it’s called a burrito and not a sandwich.” He referred to Webster’s Dictionary, and testimony from a chef and a former high-ranking federal agriculture official before he made like Solomon and ruled that a burrito is indeed not a sandwich.

Also going to bat for the Tex-Mex joint was Cambridge chef Chris Schlesinger, who said in an affidavit: "I know of no chef or culinary historian who would call a burrito a sandwich. Indeed, the notion would be absurd to any credible chef or culinary historian."

He did not add, “you idiot,” but that’s probably just an oversight.