A Burrito Is Not A Sandwich, Judge Rules

Boston Globe ^ | 11/10/06 | Jenn Abelson

[Froufrou]

The burrito brouhaha began when Panera, one of the country's biggest bakery cafes, argued that owners of the White City Shopping Center in Shrewsbury violated a 2001 lease agreement that restricted the mall from renting to another sandwich shop. When the center signed a lease this year with Qdoba, Panera balked, saying the Mexican chain's burritos violate its sandwich exclusivity clause.

Not so, Qdoba countered, submitting affidavits from high-profile experts in the restaurant and food industry. "I know of no chef or culinary historian who would call a burrito a sandwich," Schlesinger said in his affidavit. "Indeed, the notion would be absurd to any credible chef or culinary historian."

In his ruling, Locke cited Webster's definition of a sandwich and explained that the difference comes down to two slices of bread versus one tortilla: "A sandwich is not commonly understood to include burritos, tacos, and quesadillas, which are typically made with a single tortilla and stuffed with a choice filling of meat, rice, and beans," he wrote.

Panera spokesman Mark Crowley declined to discuss the matter or say whether the St. Louis company planned to appeal the ruling. Mitchell Roberts , manager of the franchise group that runs the Shrewsbury Panera, could not be reached for comment yesterday.

Panera serves up fresh-baked artisan breads and sandwiches, while Qdoba is known for its signature burritos .

"It shows you how competitive the business is when a bakery cafe feels like it's in direct competition with a Mexican chain," said Ron Paul , president of Technomic Inc., a restaurant consulting firm in Chicago. "They're fighting for a share of the stomach.

[AzNASCARfan]

With that line of thinking a slice of pizza could be a sandwich... if they did not want any other food to be sold that is what should have been in the contract specifically, not just saying another sandwich shop.
Just my worthless 2 cents tho'.