"Taco is a Sandwich Dish" vs "It's Just Fast Food"... Which Side Did the Judge Favor?

Dispute Over Whether Tacos Are 'Sandwiches'
In Diverse Food Culture of the US, Conflicts Arise Over Food Definitions

Tacos, a popular food in Latin America, are commonly seen in American fast food franchises as well. So, are tacos considered a 'sandwich dish,' or are they simply fast food? This question even led to a legal battle at a shopping mall in Indiana, USA.

On the 15th (local time), the US media outlet New York Post reported that an Indiana court recognized tacos and burritos as 'Mexican-style sandwiches.' As a result, taco and burrito restaurants in Indiana can be treated as legitimate 'restaurants' rather than fast food outlets.

Taco. [Image source=Pixabay]

The legal dispute dates back to 2022. Martin Quintana, owner of the well-known local taco chain 'Famous Taco,' planned to open a restaurant in a new shopping mall in Indiana. However, the local development committee rejected Quintana's entry based on a 'prior written agreement.'

The problematic clause stated that "fast food restaurant establishments shall not be allowed to open" in the shopping mall. There were specific examples: chains like Subway and Jimmy John's, where employees take customers' orders and prepare sandwiches on the spot, could be considered restaurants, but fast food outlets like McDonald's were not allowed. Additionally, the mall prohibited outdoor seating, drive-thru services, and alcohol sales.

Ultimately, the conflict between Quintana and the committee escalated into a legal dispute, ending with Quintana's victory on the 15th. Senior Judge Craig Bovee, who presided over the case, stated, "The tacos offered by Famous Taco can be considered 'made-to-order' food," and "This court agrees that foods like tacos and burritos should be regarded as 'Mexican-style sandwiches.'"

Judge Bovee also added that the shopping mall must recognize not only 'American-style sandwiches' but also Greek sandwiches, Indian curry wrapped in naan, and Vietnamese banh mi as exempt foods.

Meanwhile, after the ruling, another controversy arose on American online communities and social media platforms. The debate centered on whether tacos can truly be defined as 'sandwiches' according to the court's judgment. Some argue that tacos cannot be considered sandwiches because they are not made with 'two pieces of bread' stacked together. Many American encyclopedias define a sandwich as "food with meat placed between two slices of bread."

Separately, the definition of 'sandwich' varies widely across different US states. For example, New York treats burritos and hot dogs as sandwiches and imposes the same sales tax as on regular sandwiches, which has sparked controversy.