Town Warns Residents About Displaying American Flags
Residents of a Massachusetts beach community are pushing back after local officials warned that certain displays—including flags—could violate state and federal protections for endangered shorebirds just days before Independence Day celebrations. Be sure to click here to get my exclusive breaking news alerts delivered to your smart phone.
Homeowners on Plum Island in the Town of Newbury recently received a notice from the town advising that officials had “become aware of the use of devices and materials intended to deter” protected shorebirds from nesting in local beach and dune habitats. According to the notice, examples of those materials included “mylar streamers, flags, [and] reflective materials.”
The letter further warned that “activities intended to deter protected shorebirds from utilizing suitable habitat may be viewed as harassment or disruption of normal feeding, nesting, or migratory behavior,” conduct that is prohibited under both the Massachusetts and federal Endangered Species Acts and could “carry significant regulatory and financial penalties.” The town also cautioned that “Non-compliance may result in state or federal enforcement actions and, thus, the Town urges residents to comply with applicable state and federal wildlife protection laws.”
The warning sparked outrage among some residents, who believed the inclusion of “flags” could be interpreted as a warning against displaying American flags ahead of the nation’s 250th anniversary celebration.
“Are you serious?” longtime Plum Island resident Marc Sarkady told Fox News Digital. “You’re telling me I can’t fly American flags on my property to celebrate America 250?”
Sarkady, who has lived on the island for more than three decades, argued that the area already contains extensive protected habitat for the birds.
“It’s a nature preserve,” he said. “So to us, it’s like, folks, come on, be reasonable.”
Town officials insist the notice was never intended to prohibit patriotic displays.
Newbury Town Administrator Tracy Blais told Fox News Digital that the town is “not in any way attempting to interfere with the property owner’s rights to use their property or to restrict their use of their property for ordinary and patriotic purposes.” She said the town was simply helping MassWildlife educate residents about existing wildlife protection laws.
“The letter merely recited provisions of the law and the Town is not asserting any threat or legal liability—merely reminding property owners that they live in a very special place which comes along with certain responsibilities,” Blais said, adding that residents remain free to celebrate America’s 250th anniversary.
The dispute has now drawn the attention of the Pacific Legal Foundation, which sent a letter to Newbury officials seeking clarification. The organization argued that the town’s notice raises serious constitutional and property-rights concerns.
“Flying the red, white, and blue on the Fourth of July is as American as apple pie,” said Mark Miller, director of Environment and Natural Resources Litigation at Pacific Legal Foundation. “For Massachusetts local officials to claim otherwise violates both the First and Fifth Amendments to the United States Constitution.”