“That`s the hardest dividing line,” Veltman says. “I don`t think you can limit it to real bread. I think we should at least factor things like pitas and tortillas into the equation. But I`m not sure you can say that if you take two sirloin steaks and put something in between, you`re going to eat a sandwich. A superior court in Worcester, Massachusetts, recently ruled that a burrito is not a sandwich. Surprisingly, the decision sparked a storm of media attention. Worcester, Massachusetts isn`t the pinnacle of culinary art — so why all the interest in a lonely judge`s reflections on the nature of burritos and sandwiches? On closer inspection, the appeal of this otherwise particular case became apparent: thousands of dollars potentially revolved around the interpretation of a single word in a single clause of a commercial contract. Justice Locke based his decision on “common sense” and a unique definition of a sandwich – “two thin pieces of bread, usually buttered, with a thin layer (such as meat, cheese or salty mixture) divided between them.” The only obstacle to the burrito`s entry into the sacred realm of sandwiches is an extra piece of bread? What about the one-slice open sandwich? Or the club sandwich, which is usually served as a double-decker with three pieces of bread? What about wraps? The court`s definition lacked subtlety, complexity or nuance; It was rigid and did not allow for the possibility of change and evolution. It is a decision dressed up in “primitive formalism” that Judge Cardozo mocked nearly ninety years ago when he said: “The law has come out of its primitive stage of formalism, when the exact word was a sovereign talisman and every slip of the tongue was deadly. What we need today is a broader vision. Is that the case? Despite the title of this article, the purpose is not to determine with legal, scientific or culinary particularities whether a burrito is a sandwich.
Rather, the author examines what lies behind the “primitive formalism” or the court`s somewhat complacent conclusion that common sense answers the question for us. This article suggests that Judge Locke`s instinctive understanding that burritos are not sandwiches actually masks an unconscious bias. The author examines this bias by examining the determination of this case and the effects of race, class, and culture on the principles of the treaty. When Qdoba threatened to invade the territory of a Panera bread in Shrewsbury, Massachusetts, the owners of the bakery franchise fought back. They claimed the Mexican chain`s arrival would violate its lease with the White City mall — specifically, the clause prohibiting the mall from renting sandwiches to other restaurants. “We were surprised by the lawsuit because we think it makes sense that a burrito wouldn`t be a sandwich,” Jeff Ackerman, owner of Qdoba franchise group, told the Boston Globe. These tax codes aren`t perfect, creating strange situations where there`s more incentive to buy Doritos, Twinkies, or Lunchables than to buy a freshly baked sandwich — a problem that deserves a separate story. • Bread: A “bread” in this language refers to any cereal-based dough that has been baked alone or with other ingredients that do not form the “filling” of the sandwich.
“A broad definition of sandwich means more sales tax, and that means more money for the state.” If I remember correctly, the case involved a food court in a mall where a sandwich shop opened on the condition that it was the only place where you would get sandwiches. A burrito shop opened in the same food court, and the sandwich shop filed a lawsuit. But the USDA isn`t the only place that needs to define a sandwich. This is important for jurisdictions across the country, primarily for inspection and tax purposes. Noah Veltman, who loves government memos, can tell you all about it. “We`re talking about a traditional closed sandwich,” says Mark Wheeler, who works in food safety at the USDA. “A sandwich is a topping of meat or poultry between two slices of bread, a bun or a cookie.” Blasphemy. To give you an idea of the breadth of New York`s definition of “sandwich,” we`ve put together an interactive flowchart: “I think you could call the burrito the original wrap because it inspired the buzz, so I think the question would be, think of a wrap like a sandwich?” Graham Bartlett, a spokesman for Mexican restaurant El Centro in DC, told me. Bartlett is friendly. As these two definitions show, there are still ambiguities that need to be resolved. Questions – how; Whether two pieces of bread are needed, what kind of filling should be between the bread or on the bread, and even how much filling is needed – there is still a need to compare the two definitions. In August of this year, the mall`s owners signed a 2,100-square-foot lease with Qdoba Mexican Grill, and Panera complained that the Mexican chain`s burritos violated the sandwich exclusivity clause.
The landlord asked the court for a declaration that Qdoba`s new lease would not violate the existing Panera lease, arguing that the “burritos, tacos and quesadillas” were not sandwiches. The Panera franchisee filed a counterclaim to enforce the lease exclusively. In White City Shopping Ctr., LP v. PR Restaurants, LLC, PR Restaurants (“PR”), the operator of twenty-two Panera Bread (“Panera”) restaurants, sought an injunction against White City Shopping Center (“White City”). [7] PR alleged that White City breached the exclusivity clause of its commercial lease by entering into discussions with Chair 5 Restaurants (“Chair 5”) to lease commercial space for a Qdoba restaurant. [8] The PR lease agreement states in the relevant section: “[t]he andlord agrees not to enter into any lease, occupancy agreement or license relating to the mall space. for a bakery or restaurant that can reasonably be expected to have an annual turnover exceeding ten percent (10%) of its total turnover. [9] The lease did not define “sandwiches” and it was therefore left to the court to decide whether White City had breached the lease by entering into discussions with Qdoba; Supplier of Mexican-style food such as burritos, quesadillas and tacos. That`s what settled him in Massachusetts.
But for any solid definition in any place, you can find a marginal case. What happens if the meat gets stuck between two pieces of poultry? Even if you`re a burrito is a truther sandwich, the strongest evidence you have can be fragile. USDA inspection guidelines state that burritos are a “Mexican-style sandwich-type product.” But to say that something looks like X is not really definitive. BUT! If you look at Dictionary.com, they give us the definition (as most of us know) of a real sandwich: wraps, flatbread sandwiches, pita wraps, and gyro`s (if eaten alone).