Sunday, November 12, 2006

Judicial Conservatism Saves the Day

Apparently, this Judge was a strict (sandwich) constructionist.

Is a burrito a sandwich? Judge says no
AP Fri Nov 10, 4:17 PM ET


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...


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.

ExLawyer breathes a sigh of relief over what might have happened if a gyro joint had opened. Or one of those places that sell those foofy "wraps."