Absurd But True
Is a Burrito a Sandwich? The 2006 Massachusetts Court Ruling
- Absurd But True
- 27 Oct 2026
- 0:44
- Short
Absurd But True. Narration in the video is an AI voice, and the pictures are illustrations, not photos of real people or products.
The short version
In 2006 a Massachusetts Superior Court judge had to decide whether a burrito is a sandwich. It was not a food argument. It was a shopping-centre lease.
What happened
- The lease: 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". The lease never defined "sandwiches".
- The new neighbour: the landlord then signed a lease with a Qdoba franchisee.
- The argument: the Panera restaurant's operator argued that burritos, tacos and quesadillas count as sandwiches, and asked the court for a preliminary injunction.
- The dictionary: the judge looked up the word: "two thin pieces of bread, usually buttered, with a thin layer (as of meat, cheese, or savory mixture) spread between them".
- The finding: "the term 'sandwich' is not commonly understood to include burritos, tacos, and quesadillas." The judge denied the motion on 31 October 2006.
What this does not mean
This was a ruling on a motion for a preliminary injunction under one lease. It was not a final judgment and not a general ruling on burritos. We did not find any later ruling in the case. So the honest version is: in that lease, a burrito was not a sandwich.
Sources
- Opinion and order on the motion for a preliminary injunction, White City Shopping Center v. PR Restaurants, LLC, 21 Mass. L. Rptr. 565 (Mass. Super. Ct. Oct. 31, 2006): CourtListener
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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