Indiana judge rules tacos and burritos both count as sandwiches

Meera Jacka
Tacos on the left and a judge's gavel to the right

An Indiana judge has settled a contentious culinary debate, ruling that tacos and burritos are in fact “Mexican-style sandwiches.”

The ruling follows after a 53-year-old developer, Martin Quintana, submitted a bid in 2022 to the Allen County Plan Commission in hopes of opening a restaurant in a local strip mall.

The commission initially approved the proposal before backtracking due to a prior agreement with a nearby neighborhood association that prohibits fast food.

While Quintana’s restaurant plan did meet certain standards by not having a drive-thru, outdoor seating, or offering alcohol, exceptions to the zoning policy only include establishments that serve “made-to-order” or “Subway-style” sandwiches.

This sparked the age-old debate on what food category tacos and burritos fall under, with Quintana’s representatives stating, “It kind of became an argument of… is a taco a sandwich or not. So, we thought it’s easier to agree that it fits within the character and scope of what we had anticipated. And so we have an amendment.”

Now, after nearly two years of legal battles, Judge Craig Bobay ruled on May 13 that Quintana would be allowed to open his Mexican-style restaurant, The Famous Taco.

“The Court agrees with Quintana that tacos and burritos are Mexican style-sandwiches, and the original written agreement does not restrict potential restaurants to only American cuisine-styled sandwiches,” Bobay said according to the court documents.

He went on to add that the new rulings also allowed an establishment that “serves made-to-order Greek gyros, Indian naan wraps, or Vietnamese Banh mi if these restaurants complied with the other enumerated conditions.”

Quintana told Today he was “glad we’re [going to] be able to open,” sharing his relief and insisting there were “hundreds of people waiting for that spot.”

“They really love The Famous Taco, so I’m glad everything is over,” Quintana said. It’s yet unclear when Famous Taco will open its doors to the public.