Judge Ruled Burrito is not a Sandwich

From Yahoo News:

Is a burrito a sandwich? The Panera Bread Co. bakery-and-cafe chain says yes. But a judge said no, ruling against Panera in its bid to prevent a Mexican restaurant from moving into the same shopping mall.

Panera has a clause in its lease that prevents the White City Shopping Center in Shrewsbury from renting to another sandwich shop. Panera tried to invoke that clause to stop the opening of an Qdoba Mexican Grill.

But Superior Court Judge Jeffrey Locke cited Webster's Dictionary as well as testimony from a chef and a former high-ranking federal agriculture official in ruling that Qdoba's burritos and other offerings are not sandwiches.

The difference, the judge ruled, 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," Locke wrote in a decision released last week.

What about wraps? Sandwich fillings but in a tortilla? I would have looked to the totality of the circumstances. Does Qdoba act as a typical sandwich shop? Will they employ barrell chested men in meat aprons or scrawny high schoolers to serve their "burritos"? Will they offer fries or chips in conjuction with their "burritos"? And if they offer chips, tortilla or otherwise? And if tortilla, are doritos sufficiently mexican? At what point would a panini made from one piece of bread constitute a quesadilla?

The best burrito I have ever had was in Santa Barbara. I've only eaten it once and there's no guarantee that they could repeat perfection. Why does New York not have good mexican food? I heart breakfast burritos.