And if ordered at Taco Bell, it's not even considered food

Those damn activist judges are at it again. And where else but Massachusetts?

SHREWSBURY— A Worcester Superior Court judge has denied a sandwich chain’s effort to block a rival from opening nearby in a ruling that ponders whether a burrito is a sandwich.

In fact, Judge Jeffrey A. Locke ruled in denying a preliminary injunction to a company that operates Panera Bread restaurants, a burrito is not a sandwich. Neither are some of the other dishes that would be served at the Qdoba Mexican Grill proposed for White City Shopping Center on Route 9.

“This court finds,” Judge Locke wrote, “that the term ‘sandwich’ is not commonly understood to include burritos, tacos and quesadillas.” ...

Ultimately, Judge Locke turned to the dictionary for a definition of a sandwich as “two pieces of bread, usually buttered, with a thin layer (as of meat, cheese or savory mixture) spread between them.”

Using common sense, the judge continued, 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.” Panera’s operators also included no definition of sandwiches in the lease, the judge wrote.

Once again the judicial branch is legislating from the bench. It should be the sole purview of state legislatures--or voters in a referendum--to determine what is and what is not a sandwich.