The verdict is in. Judge rules that tacos and burritos are, in fact, sandwiches

FORT WAYNE, Ind. — An Indiana judge who ruled that “tacos and burritos are Mexican-style sandwiches” has cleared the way for a new restaurant to open, delighting a restaurateur in the wake of a legal battle.

Martin Quintana, 53, has been trying for about three years to open his second restaurant, The Famous Taco, in Fort Wayne, a city about 120 miles northeast of Indianapolis.

But the initial written commitment for the development of a Quintana-owned plaza limits the business to “a sandwich shop-style restaurant whose primary business is selling ‘made-to-order’ or ‘subway-style’ sandwiches.”

Quintana said the neighboring Covington Creek Association contacted him to say his The Famous Taco proposal “goes against” that commitment in some way.

He sued the Fort Wayne Plan Commission in December 2022 after it rejected his proposed amendment that would specifically allow his restaurant to offer made-to-order tacos, burritos and other Mexican-style food items, the Journal reported Gazette.

Allen Superior Court Judge Craig Bobay ruled Monday that the plan commission acted properly when it rejected Quintan’s proposed amendment. But the judge also found his request unnecessary, and he ruled the original commitment allows restaurants like The Famous Taco project.

“The Court agrees with Quintana that tacos and burritos are Mexican-style sandwiches, and the original written commitment does not limit potential restaurants to American cuisine-style sandwiches alone,” Bobay wrote.

Quintana said Thursday he was relieved the legal battle was over and looked forward to opening his second restaurant The Famous Taco in Fort Wayne, Indiana’s second-most populous city with about 270,000 residents.

“I’m glad this thing is over. We are happy. When you make such a decision, the only thing you can be is happy. We are delighted,” he told the Associated Press.

Quintana said he came to the United States from Mexico in 1988, first working as a farm laborer in California, picking grapes, olives and kiwis before getting into the restaurant business in Michigan before moving to Chicago and finally to Fort Wayne in 2001. He also operates a second restaurant in town.

Quintana said his new family restaurant The Famous Taco should open in two to three months. He said that, like at his other location The Famous Taco, which opened nearly seven years ago, customers will be able to choose their favorite toppings for tacos, burritos or tortas assembled by the restaurant’s staff.

“You know, it’s a sandwich, it’s bread. It’s a sandwich,” he said of the tortas. “We go through a lot.”

— Associated Press

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Sara Adm

Aimant les mots, Sara Smith a commencé à écrire dès son plus jeune âge. En tant qu'éditeur en chef de son journal scolaire, il met en valeur ses compétences en racontant des récits impactants. Smith a ensuite étudié le journalisme à l'université Columbia, où il est diplômé en tête de sa classe. Après avoir étudié au New York Times, Sara décroche un poste de journaliste de nouvelles. Depuis dix ans, il a couvert des événements majeurs tels que les élections présidentielles et les catastrophes naturelles. Il a été acclamé pour sa capacité à créer des récits captivants qui capturent l'expérience humaine.
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