A judge had to decide this?

In the news this morning:

Burrito isn't a sandwich, judge rules

A United States judge in the state of Massachusetts has settled a legal food fight by ruling that a burrito is not a sandwich.

Bakery-cafe restaurant chain Panera Bread has been trying to keep competitor Qdoba Mexican Grill from opening a new restaurant in a shopping mall where Panera was already doing business.

In a lawsuit filed earlier this year, Panera had cited an exclusivity clause in its lease agreement that prevented the shopping mall from renting space to any restaurant or bakery that derived more than 10 per cent of its sales from sandwiches.

Shopping mall owner White City Shopping Centre countered that Qdoba is not in the business of selling sandwiches but rather burritos, tacos, nachos and enchiladas.

In deciding the case, Superior Court Judge Jeffrey Locke found the meat of his ruling in the dictionary definition of the word 'sandwich'.

Judge Locke says the New Webster Third International Dictionary's definition of sandwich, "two thin pieces of bread, usually buttered, with a thin layer (as of meat, cheese, or savoury mixture) spread between them", indicates there is no reason to keep White City from renting to Qdoba.

"Under this definition and as dictated by common sense, this court finds the term '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," the judge said.

Neither Panera nor Qdoba's corporate parent, Jack in the Box have responded to requests seeking comment. AFP