Is a burrito a sandwich?

Not as simple a question as it seems. [Link]

Is a burrito a sandwich? In 2006, Pennsylvania Judge Jeffrey A. Locke was tasked with establishing legal precedent on the question. The dispute: A local Panera Bread franchise had sued to block a Qdoba Mexican Grill from opening in its shopping complex, citing its contract to be the sole sandwich shop on the block. Qdoba makes the bulk of its income selling burritos. In Panera's view, that put Qdoba in the sandwich business.

Locke decided the issue [PDF] using a dictionary and what he called "common sense." He cited Webster'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"—then provided his own understanding of a burrito, a food item "typically made with a single tortilla and stuffed with a choice filling of meat, rice, and beans." Victory: Qdoba.

Yet Locke's determination raises more questions than it answers. Placing the disconcerting condiment issue aside (usually buttered?), Locke pitted two slices of bread against one tortilla. How, then, would one legally classify an open-faced construction built atop a single piece of bread? How about a quesadilla that employs two tortillas, sandwiched together? Panera Bread declined to appeal over these outstanding questions, and the legal definition remains troublingly vague.

Here at sandwich week, we've spent the last five days celebrating the staple of the American lunch hour. But what are we really celebrating when we celebrate the sandwich? Is it filling spread between two slices of bread, as Locke claims? "Sandwich," after all, is a verb as well as a noun. Must the filling be sandwiched between bread? Is an Oreo a sandwich? A quesadilla? Is a KFC Double Down a sandwich?

Can a food become a sandwich simply by calling itself a sandwich? Does an open-faced sandwich constitute a sandwich, despite the lack of sandwiching employed in its construction? If so, is bruschetta a sandwich? Buttered toast? Pizza?

What if you fold the pizza in half? Must the unifying exterior item be split in two in order to constitute a sandwich? Is a hot dog a sandwich? A submarine roll split in the middle, but with a hinge still hanging on? Is an omelete a sandwich?

A note on methodology: Is it necessary to consume the sandwich with one's own two hands? If one were to douse a sandwich in gravy, would it neutralize the sandwich, converting it into nothing more than a bread-based entree? 

If we'll accept a hinge in a sandwich, what about a filling that's encased on two sides? On all sides? Is a kolache a sandwich? A pasty? A corn dog? A calzone? An egg roll? A dumpling? A pop tart? Is a wrap a sandwich?

Is a burrito a sandwich?