Indiana judge rules that`tacos and burritos are Mexican-style sandwiches’

Associated Press

FORT WAYNE, Indiana (AP) — An Indiana judge who declared that “tacos and burritos are Mexican-style sandwiches” has cleared nan measurement for nan opening of a caller restaurant, delighting a restauranteur pursuing a ineligible battle.

Martin Quintana, 53, has been trying for astir 3 years to unfastened his 2nd The Famous Taco location successful Fort Wayne, a metropolis astir 120 miles (190 kilometers) northeast of Indianapolis.

But nan first written committedness for nan improvement astatine a plaza Quintana owns limits nan business to “a sandwich bar-style edifice whose superior business is to waste ‘made-to-order’ aliases ‘subway-style’ sandwiches.”

Quintana said nan adjacent Covington Creek Association contacted him to opportunity that his The Famous Taco connection “somehow ran afoul” to that commitment.

He sued nan Fort Wayne Plan Commission successful December 2022 aft it denied his projected amendment that would specifically let his edifice to connection made-to-order tacos, burritos and different Mexican-style nutrient items, The Journal Gazette reported.

Allen Superior Court Judge Craig Bobay ruled Monday that nan scheme committee acted correctly erstwhile it denied Quintan’s projected amendment. But nan judge besides recovered that his petition was not needed and he recovered that nan original committedness allows restaurants for illustration nan projected The Famous Taco.

“The Court agrees pinch Quintana that tacos and burritos are Mexican-style sandwiches, and nan original Written Commitment does not restrict imaginable restaurants to only American cuisine-style sandwiches,” Bobay wrote.

Quintana said Thursday he is relieved nan ineligible conflict is over, and he is looking guardant to opening his 2nd The Famous Taco edifice successful Fort Wayne, which is Indiana’s second-most populous metropolis pinch astir 270,000 residents.

“I’m gladsome this point is over. We are happy. When you person a determination for illustration this nan only point you tin beryllium is happy. We’re excited,” he told The Associated Press.

Quintana said he came to nan U.S. from Mexico successful 1988, moving first arsenic a workplace worker successful California picking grapes, olives and kiwi consequence earlier entering nan edifice business successful Michigan earlier moving to Chicago and yet Fort Wayne successful 2001. He besides operates a 2nd edifice successful nan city.

Quintana said his caller family-owned The Famous Taco edifice should unfastened successful 2 aliases 3 months. He said that for illustration his different The Famous Taco location that opened astir 7 years ago, customers will beryllium capable take their favored toppings for tacos, burritos aliases tortas assembled by eatery staff.

“You know, that’s a sandwich, that’s bread. That’s a sandwich,” he said of tortas. “We spell done a batch of those.”