They are, however, significantly spicier than most people expect, particularly if eaten without knowing what they are. Second, the plant's location. My garden is entirely within my property line, which I can demonstrate with a property survey. Nothing I grow is in a common area or on the boundary. My plants are mine, on my property, end of story.
Third, how Gary came to eat my peppers. I reached into my bag and I plugged a USB drive into the laptop Ted had set up on the table. I brought up the trail camera footage. I showed them Gary at 11:20 p.m. on a step ladder reaching over my 6-ft privacy fence harvesting peaches from my tree with a grocery bag. Time-stamped, clear as a photograph.
I showed them Gary on August 9th at 9:19 p.m. on the same step ladder reaching over the same fence selecting fruits from my raised bed. The room was very quiet. I said, "I have been growing a kitchen garden in my backyard for 6 years. Over those 6 years, I have lost strawberries, tomatoes, an apple harvest, and 47 peaches to what I can now demonstrate on camera is my neighbor Gary climbing a step ladder and reaching over my fence to help himself to my plants." I said, "I did not invite Gary into my garden.
I did not give him permission to take my produce. He accessed my private property without authorization repeatedly over multiple years. When he did it most recently, he collected what he believed to be cherry tomatoes, which were in fact Carolina Reaper peppers that I was growing in that bed. His discomfort was the direct result of his own unauthorized access to my property." I paused.
I said, "I have also shared this footage with the county sheriff's non-emergency line, as repeated theft from a residential garden is a civil and potentially criminal matter." I sat down. Frances, next to me, straightened up with the particular satisfaction of a woman who has been waiting 3 weeks for this moment. The room was very, very quiet. Gary said, "Those peppers were a trap."
I said, "Gary, a trap implies I placed something designed to harm you. Peppers growing in a garden are not a trap. The fact that you couldn't tell the difference between cherry tomatoes and Carolina Reapers might suggest that harvesting other people's plants without their knowledge is not a skill you have refined." Someone in the third row made a sound. It was laughter, quickly stifled, but laughter.
Ted Blalock cleared his throat. He said, "Gary, I want to be direct with you. The footage Ellen has shared shows you accessing her private property without authorization on multiple occasions. That is a serious matter regardless of what plants are in her garden." Gary said, "The fence is."
Ted said, "6 ft of private boundary, Gary. Ellen owns everything on her side." Gary looked at the table. Ted said, "Ellen, what outcome are you looking for from the board?" I said, "I want a formal HOA notice to Gary acknowledging that accessing another resident's private garden over a shared fence constitutes trespass and is a violation of section 8 of the CC&Rs regarding property boundaries and neighbor relations.