It all started with a dispute about whether a popular chain of Mexican restaurants, The Famous Taco Mexican Grill, could add a location in a Fort Wayne, Indiana, strip mall.
The location owner said no because their covenant expressly forbid certain types of restaurants like fast-food, though sandwich shops were okay.
A sandwich bar-style restaurant whose primary business is to sell ‘made-to-order' or ‘subway-style' sandwiches (which by way of example includes, but is not limited to, ‘Subway' or ‘Jimmy John's', but expressly excludes traditional fast food restaurants such as ‘McDonalds', ‘Arbys' and ‘Wendys'), provided that any such restaurant shall not have outdoor seating or drive-through service. For the avoidance of doubt, the sale of alcoholic beverages is expressly prohibited upon the Real Estate.
But an Indiana judge said this rule must include the Mexican restaurant because tacos and burritos are Mexican sandwiches.
Here's the actual quote from the ruling.
The proposed Famous Taco restaurant falls within the scope of the general use approved in the original Written Commitment. The proposed Famous Taco restaurant would serve made-to-order tacos, burritos, and other Mexican-style food, and would not have outdoor seating, drive through service, or serve alcohol. The Court agrees with Quintana that tacos and burritos are Mexican style sandwiches, and the original Written Commitment does not restrict potential restaurants to only American cuisine-style sandwiches.
I call foul because this is a two-count violation of The Cube Rule.
What's The Cube Rule you ask?
Here's a quick run down of how it works.
According to The Cube Rule, a taco is a three-sided starch construction, which includes hot dogs and pies. Heck, by definition, what Subway and Jimmy John's sell aren't sandwiches, they're also tacos.
A burrito is neither a sandwich, nor a taco - it is a calzone, which is a whole different starch construction that's completely enclosed. And if this judge is going to let burritos in, he'll have to let a fast food restaurant like KFC in because fried chicken is also a calzone.
And if you think I'm taking this all too far, don't forget that time a Maryland court of appeals referenced The Cube Rule in suggesting guidance for interpreting a Baltimore Food Truck regulation, so this rant is totally legit.
So enjoy your Mexican food, Fort Wayne. Just know it's all based on a lie.
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