This tuling was passed due to a contract obligation to open a sandwich store. These cases are ueually related to regulations. Kind of like when an Irish court ruled that Subway subs are cakes, so higher VAT and sugar tax would apply to them. (In all fairness, the sugar content in the Subway "bread" is several times higher than the max allowed for bread.)
We already have the Cube Rule of Food Identification Unifying Theory. Tacos are Tacos. Burritos are Wraps. These guys need to get with the program. We base our food taxonomy on the specific arrangement of carbohydrates like civilized people.
Most participants in this debate are far too preoccupied with the shape or structure of the sandwich, to the point of neglecting what a sandwich is all about. It's simple. A sandwich is when you use bread as a handheld base for prepared foods that would otherwise be too messy to eat with your fingers. A tortilla is a flat bread, ergo handheld burritos and soft tacos are sandwiches.
"Then why isn't pizza an open-faced sandwich?" Because pizza has a crust, not bread. When you take raw dough and bake it along with its toppings or fillings, it may be a pie or a pastry or a pizza or a casserole or some other category I don't care to quibble over. It's not a sandwich.
Obviously there are many sub-categories of sandwiches. A dish isn't necessarily excluded from being a sandwich just because it's also another type of food.
Aside from the discussion about whether the taco or burrito constitutes a sandwich, I think the judge made the correct ruling. The retail agreement says no “traditional fast food” can set up shop in that mall, and specifically cites drive thrus and outdoor seating as the reasons.
The strip mall owners probably don’t want businesses taking over common sidewalks or creating more traffic than the shared parking lot can handle. So long as they don’t have those, I don’t see any reason a Mexican food place can’t fit entirely into the leased space.
E: also based on their website this place looks bangin
This is just so some NIMBY tools can't ban a burrito place from going into a space that was oddly defined to practically mandate a subway restaurant or other sub shop that isn't explicitly fast food.