Sandwich Shops

The tale of the taco:

While the debate as to whether tacos, hot dogs, and the like meet the definition of “sandwich” is mildly amusing, like most questions of this type the correct answer is “It depends.” And I think Bobay got it wrong here. In the above-linked case regarding Panera Bread’s exclusive contract to sell sandwiches in a specific strip mall, it seems obvious to me that a Mexican-style restaurant is not a direct competitor and the ruling was therefore correct. In this case, though, whether the exemption that kept out “fast food restaurants” but allowed establishments serving “sandwiches” applied to a taco joint really depends on the intent of the original restriction. And it seems obvious to me that the strip mall and condo association, and not a judge, should have made that call. Rather clearly, a McDonald’s hamburger and an Arby’s roast beef sandwich are sandwiches. They’re more obviously sandwiches than a taco or Bahn mi. So, why were they explicitly banned but Subway and Jimmy John’s exempted? Alas, I was unable to find the answer to that question. Left to speculate, though, the former primarily serves hot food, whereas the latter serves cold food almost exclusively (with the few hot items typically pre-cooked and reheated in a microwave). So, my guess is that the condo association was worried about odors emanating from the restaurants. In which case, tacos, gyros, and Bahn mi are much more like McDonald’s and Arby’s than Subway or Jimmy John’s.

Sometimes a taco is just a taco...