Massachusetts town residents warned American flags may violate species laws
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Residents of a Massachusetts seaside town say they were warned that flying flags on their property could violate endangered species laws, sparking community outrage just days before the nation’s 250th anniversary.
Homeowners on Plum Island recently received a warning from the Town of Newbury that they were “becoming aware of the use of devices and materials intended to deter” protected shorebirds from using local beach and dune systems. The letter stated “mylar pennants, flags, [and] reflective materials” are examples of such devices.
The letter, obtained by Fox News Digital, goes on to warn that “activities intended to deter protected shorebirds from using suitable habitat,” which are prohibited under the state and federal Endangered Species Act, “may be considered harassment or disruption of normal feeding, nesting or migratory behavior” and “may impose significant regulatory and financial penalties.”
“Failure to comply may result in state or federal sanctions, and therefore the Town urges residents to comply with applicable state and federal wildlife protection laws,” the statement reads.
A homeowner in Plum Island, Massachusetts, said he received a notice from the town’s conservation officer warning residents that flags or other displays on their private property could violate protected species laws. (Marc Sarkady)
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Longtime residents of the seaside community were stunned by the letter, interpreting the inclusion of “flags” as targeting Independence Day celebrations. Marc Sarkady, who has lived on the island for more than 30 years, said he was angry.
“Are you serious?” Sarkady described his reaction in an interview with Fox News Digital. “Are you saying I can’t fly American flags on my property to celebrate America 250?”
The area has roughly “10 miles of open beach” with no homes where birds can roam freely, Sarkady said.
“This is a nature reserve,” he said. “So in our opinion, guys, come on, be reasonable.”
Marc Sarkady said he and other residents were outraged by the town’s warning warning them not to display American flags before the Fourth of July. (Marc Sarkady)
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But town officials told Fox News Digital they are not banning patriotic displays.
Newbury Town Administrator Tracy Blais said the town “in no way seeks to interfere with a property owner’s rights to use their property or to restrict their use of their property for ordinary and patriotic purposes.”
According to Blais, the town agreed to MassWildlife’s request to help “spread the word” about protecting endangered species.
“The letter contained only provisions of law and the Town did not make any threats or claims of legal liability; it simply reminded property owners that they live in a very special place that comes with certain responsibilities,” Blais said. he said. He said residents were free to celebrate America’s 250th anniversary and rejected the letter’s claim that it indicated otherwise.
“The Town is not asserting any rights or control that it does not have, and I think the Town’s letter is pretty clear on that point,” he said in a statement.
Pipe Plover (Charadrius melodus). Parker River National Wildlife Refuge, Massachusetts. (iStock)
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Before receiving the letter last week, Sarkady and other community members began a grassroots effort to distribute American flags and signs to commemorate America’s 250th anniversary. They distributed about 50 American flags and about 100 revolutionary-style flag signs reading “Plum Island Honors America” to residents across the island.
“We’re actually the ones trying to bring the island together, everybody by the way, not on the right or the left, but in America, in the American citizens, and really reaching out to them. That’s the spirit of what I’m trying to do here,” Sarkady explained.
According to Sarkady, this is not the first conflict the neighborhood has had with authorities over beach decoration. Last year, he claimed, a Massachusetts Department of Fisheries and Wildlife official sent a letter with nearly identical wording to one of his neighbors, who had hung fancy banners on the beachside lawn. He later claimed that the government official called him directly and threatened him with severe penalties if he did not comply; The government agency flatly denied this claim.
“This person actually threatened the homeowner, a Plum Island citizen, with a fine and possibly arrest and imprisonment,” Sarkady said, adding that the neighbor eventually took down his storefronts out of fear. “He felt very threatened.”
Participants stand for the U.S. National Anthem during the National Jubilee of Prayer, Praise and Thanksgiving on the National Mall in Washington, DC, USA on Sunday, May 17, 2026. The United States will host a series of events throughout 2026 to celebrate the country’s 250th anniversary. (Matt McClain/Bloomberg via Getty Images)
In response, a MassWildLife spokesperson told Fox News Digital: “MassWildlife does not prohibit residents from displaying American flags on their properties and has not issued any violation letters or notices to these landowners and has not taken any action to impose or threaten fines.”
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Sarkady and two neighbors received the town’s latest notice last week, which led them to contact the Pacific Legal Foundation (PLF) for assistance.
On Wednesday, the legal group sent a letter to Newbury Town Conservation Agent Mason Ferrick saying the town’s requests raise “significant concerns” about property rights and the legal basis for its claims.
The PLF letter asks the town to clarify whether it claims homeowners are legally prohibited from displaying flags, pennants or reflective material on their private property. It also requests legal basis for how the Massachusetts and federal Endangered Species Act applies to private beach property. According to PLF, no court has ever found a homeowner responsible under these endangered species laws for displaying decorations on their private property.
“Flying red, white and blue on the Fourth of July is as American as apple pie,” Mark Miller, Director of Environmental and Natural Resources Litigation at Pacific Legal Foundation, said in a press release. “To hold that Massachusetts local officials do otherwise would be a violation of both the First and Fifth Amendments to the United States Constitution. As Massachusetts Founding Father John Adams famously said, ‘property must be secured, otherwise liberty cannot exist.'”
“When governments send letters that sound like threats, that sound like threats, that sound like threats, they shouldn’t be surprised that people perceive them as threats,” Miller told Fox News Digital in response to comments from state and local officials.
Plum Island in Massachusetts shares its name with another Plum Island off the coast of Long Island in New York. Plum Island is owned by the United States government and has been used for research and experiments. The two Plum Islands have nothing to do with each other.
