What some people ask judges to decide .... Equivocal progress on the frontier of American jursiprudence:
Is a burrito a sandwich?Food safety regulation is also an untapped vein for humor. There was story several years ago in the press regarding the bureaucrats at the European Union in Brussels worried about plastic bananas, and whether they could be confused for the real things by infants. What they failed to understand was the plastic bananas in question were seven feet long. Even the most addled infants wouldn't confuse these fakes for the real things, but the distinction seemed to be eluding the bureaucrats.
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.
... The difference, the judge ruled, comes down to two slices of bread versus one tortilla.
... Qdoba, owned by San Diego-based Jack in the Box Inc., called food experts to testify on its behalf.
Among them was Cambridge chef Chris Schlesinger, who said in an affidavit: "I know of no chef or culinary historian who would call a burrito a sandwich. Indeed, the notion would be absurd to any credible chef or culinary historian."
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