Coastal Town Warns Homeowners July 4th Flags Could Harm Birds
Massachusetts homeowners on Plum Island are protesting after officials warned that displaying flags could violate endangered species laws protecting shorebirds, though town administrators deny any intent to ban patriotic displays.
Residents of Plum Island received a formal notice from the Town of Newbury alerting them that authorities had identified the use of materials intended to discourage protected shorebirds from inhabiting local beach and dune areas, according to New York Post.
The notice specifically identified “mylar streamers, flags, [and] reflective materials” as examples of such deterrent devices, raising immediate alarm among property owners who interpreted the warning as a direct threat to their Independence Day traditions.
The letter cautioned that efforts to discourage protected shorebirds from using appropriate habitat could be construed as harassment or interference with normal feeding, nesting, or migratory patterns—violations that carry serious regulatory and financial consequences under both state and federal Endangered Species Acts.
Marc Sarkady, a resident of more than three decades, expressed disbelief at the communication. He questioned whether officials were genuinely suggesting that American flags could not be displayed on private property to mark America’s 250th anniversary.
Sarkady noted that the region includes approximately ten miles of undeveloped beachfront where birds have unrestricted access, describing it as a nature preserve and calling for reasonable interpretation of the regulations.
Town Denies Flag Ban Intentions
Newbury Town Administrator Tracy Blais insisted that municipal authorities have no intention of restricting patriotic displays or interfering with property rights for ordinary celebratory purposes.
Blais explained that the town simply agreed to assist MassWildlife in disseminating information about endangered species protection. She characterized the letter as a straightforward recitation of existing legal provisions rather than an assertion of enforcement authority.
The administrator emphasized that residents remain free to celebrate the semiquincentennial and rejected any interpretation suggesting otherwise.
Grassroots Patriotic Initiative
Before receiving the controversial notice, Sarkady and fellow community members had already organized a grassroots campaign to distribute American flags and commemorative signage honoring America’s 250th anniversary.
The effort resulted in the distribution of approximately 50 American flags and 100 revolutionary-style signs bearing the message “Plum Island Honors America” to residents throughout the island community.
Sarkady described the initiative as an effort to unite the entire community across political divides in a spirit of American citizenship and shared patriotism.
Prior Conflicts Over Beachfront Displays
According to Sarkady, this marks the second confrontation between residents and wildlife officials over decorative displays. He alleged that a Massachusetts Division of Fisheries and Wildlife official sent a nearly identical letter to a neighbor last year after she installed ornamental banners on her beachfront property.
Sarkady further claimed the state official contacted the homeowner directly, threatening substantial penalties and potential arrest if she failed to remove the displays—allegations the state agency categorically denied.
A MassWildlife spokesperson stated that the agency is not prohibiting American flag displays and has neither issued violation notices nor threatened penalties against these property owners.
Legal Advocacy Group Steps In
Sarkady and two neighboring residents contacted the Pacific Legal Foundation for legal assistance after receiving the town’s latest communication.
The legal organization sent correspondence to Town of Newbury Conservation Agent Mason Ferrick on Wednesday, asserting that the town’s demands raise substantial concerns regarding property rights and the legal foundation for its claims.
The foundation requested clarification on whether municipal authorities are asserting that homeowners face legal prohibitions on displaying flags, streamers, or reflective materials on their private property.
With information from New York Post
