Residents of Plum Island, a coastal community in Newbury, Massachusetts, have expressed outrage after receiving a notice from town officials suggesting that flying flags and other displays on their private property could violate endangered species laws. The warning, issued just days before the nation's 250th anniversary celebrations, has ignited debate over patriotism, property rights, and wildlife protection.
The notice, obtained by Fox News Digital, stated that the town had become aware of "the use of devices and materials intended to deter" protected shorebirds from local beaches and dunes. It listed "mylar streamers, flags, [and] reflective materials" as examples and cautioned that such activities could be viewed as harassment under state and federal Endangered Species Acts, potentially leading to significant penalties.
"Are you serious?" asked Marc Sarkady, a resident of Plum Island for over 30 years, recounting his reaction to the letter. "You’re telling me I can’t fly American flags on my property to celebrate America 250?" Sarkady, along with other community members, had been organizing efforts to distribute American flags and signs in commemoration of the anniversary.
Town officials, however, have clarified their position. Newbury Town Administrator Tracy Blais stated that the town is not attempting to interfere with property owners' rights or restrict patriotic displays. According to Blais, the letter was issued in response to a request from MassWildlife to help inform residents about protecting endangered species. She emphasized that the town was merely reciting provisions of the law and reminding property owners of their responsibilities in a sensitive ecological area.
"The Town is not asserting any rights or control it does not have, and I think the Town's letter is pretty clear on that point," Blais said in a statement, asserting that residents are free to celebrate the nation's 250th anniversary.
Despite the town's clarification, some residents remain concerned. Sarkady alleged that a similar incident occurred last year when a Massachusetts Division of Fisheries and Wildlife official reportedly sent a warning letter to a neighbor regarding ornamental banners and threatened penalties. The state agency, however, denied issuing violation letters or threatening penalties to these landowners.
The Pacific Legal Foundation (PLF) has taken up the issue, sending a letter to the Town of Newbury's Conservation Agent. The PLF is seeking clarification on the town's claims and the legal basis for applying the Endangered Species Acts to private property decorations. The foundation noted that no court has previously found a homeowner liable under these acts for displaying decorations on their private property. "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 PLF. "For Massachusetts local officials to claim otherwise violates both the First and Fifth Amendments to the United States Constitution."