A US judge in the state of Massachusetts has settled a legal food fight by ruling that a burrito is not a sandwich.
Panera Bread, a chain of bakery-cafe restaurants, had been trying to keep a 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 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 percent of its sales from sandwiches.
PHOTO COURTESY OF BEN FRANTZDALE
The shopping mall's owner, White City Shopping Center, countered that Qdoba isn't 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."
Locke said 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 savory mixture) spread between them" — indicated there was no reason to keep White City from renting to Qdoba.
"Under this definition and as dictated by common sense, this court finds that 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 in an eight-page ruling.
Neither Panera nor Qdoba's corporate parent, Jack in the Box Inc., have responded to requests seeking comment so far. (AFP)
美國麻州一位法官已解決一場食物法律戰，判定墨西哥捲並非三明治。
連鎖的麵包咖啡餐廳「Panera麵包屋」一直試圖讓對手「Qdoba墨西哥燒烤」別在其已進駐的一家購物中心開設新餐館。
今年稍早的訴訟中，Panera引用了租約同意書中的特別條款。條例中禁止購物中心租攤位給可能奪走其三明治銷售一成以上的任何餐廳或麵包屋。
「懷特市購物中心」老闆駁斥說，Qdoba做得不是販售三明治的生意，而是賣墨西哥捲、墨西哥薄餅、玉米片與辣椒肉玉米捲餅等。
判決時，最高法院法官傑佛瑞．洛克靠字典裡「三明治」的定義，找出了判決的核心。
洛克表示，《新韋氏國際英語辭典第三版》將三明治定義為︰「兩片通常塗上奶油的薄麵包，中間夾有一薄層（肉、起司或綜合口味等）」—顯示沒理由限制懷特市購物中心不租給Qdoba。
法官在八頁的判決書中寫道︰「鑑於這樣的定義，也依常理判斷，本法院認為『三明治』這個詞普遍不包括墨西哥捲、墨西哥玉米薄餅，與麵粉製的墨西哥餅，這些東西基本上都是由一個墨西哥薄餅包著肉類、飯與豆子等上等餡料。」
Panera 與Qdoba的母公司「Jack in the Box」迄今都尚未評論這項判決。
（法新社/翻譯：賴美君）
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