Absurd But True
A judge had to decide if a burrito is a sandwich
- Absurd But True
- 27 Oct 2026
- 0:44
- Short
In 2006 a Massachusetts Superior Court judge had to decide whether a burrito is a sandwich. A Panera restaurant's lease barred its landlord from leasing to a bakery or restaurant "reasonably expected to have annual sales of sandwiches greater than ten percent (10%) of its total sales," and never defined "sandwiches." When the landlord signed a lease with a Qdoba franchisee, the restaurant's operator argued that burritos, tacos and quesadillas are sandwiches and asked for a preliminary injunction. The judge turned to the dictionary ("two thin pieces of bread, usually buttered, with a thin layer (as of meat, cheese, or savory mixture) spread between them"), found that "the term 'sandwich' is not commonly understood to include burritos, tacos, and quesadillas," and denied the motion on October 31, 2006.
This was a ruling on a motion for a preliminary injunction under one lease, not a final judgment, and not a general ruling on burritos. We did not find any later ruling.
Transcript
A judge in Massachusetts had to decide whether a burrito is a sandwich. This is real. Superior Court, Massachusetts, 2006. A Panera’s lease barred new neighbors expected to earn over 10% of sales from sandwiches. Then the landlord leased space to a Qdoba franchisee. Panera’s operator argued burritos, tacos and quesadillas count as sandwiches. The lease never defined the word. The judge went to the dictionary: two thin pieces of bread with a filling between. The finding: a sandwich is not commonly understood to include burritos, tacos, and quesadillas. The judge denied the injunction. In that lease, a burrito is not a sandwich. Absurd. But true.
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