Just before Easter, a jury will decide whether a Boulder County woman was wrongly evicted from her apartment last spring for refusing to take down decorations including a pyramid of bunny-shaped Peeps.
Carol “Chay” Burdick, 60, gained national attention last year after she claimed that her landlord kicked her out because she wouldn’t take down her Easter decorations, which included the bunny-shaped, sugar-coated marshmallow candies attached to the top of her door.
Burdick is being sued by Aimco, a Denver-based real estate investment trust that owns the Meadow Creek Apartments at 5105 Williams Fork Trail in Gunbarrel.
The company claims that Burdick was evicted because she refused to pay rent — not because of the Peeps — and it’s seeking $2,300 in unpaid rent as well as attorneys’ fees that could top tens of thousands of dollars.
Burdick has countersued, claiming Aimco breached its contract with her and was negligent. The most that a jury could award Burdick is $15,000.
The case, scheduled to go to trial March 30, will focus on whether Peeps are a sugary symbol of artistic expression — or garbage.
To help convince jurors of the former, Boulder attorney John Pineau has scheduled witnesses from throughout the state who have an affinity for Peeps. The list includes a Littleton couple who won a Peeps diorama contest and a Denver man who hosts an annual Peeps-themed barbecue.
The evidence includes photos of Burdick’s original decorations, a survey she sent to neighbors asking if they were offended by the display, articles about Peeps and a DVD episode of “The Colbert Report.”
Burdick appeared on the Comedy Central show in September. Colbert, who portrays an ultra-conservative commentator, used her case in his recurring segment “Easter Under Attack.”
Cindy Duffy, a spokeswoman for Aimco, said the case has been misrepresented.
“The reason this case is still moving forward is because of her decision not to pay rent,” Duffy said of Burdick.
“We think the central issue is that Ms. Burdick has refused to abide by the terms of her standard lease agreement. For us, it’s that basic of an issue.”
She said Burdick was asked to remove the Peeps because they could attract bugs or create a health hazard.
