Residents of a Massachusetts town have warned American flags not to violate animal laws
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Residents of a coastal Massachusetts town say they have been warned that flying the flags on their property could violate endangered species laws, sparking public outrage just days before the country’s 250th anniversary.
Homeowners on Plum Island recently received a notice from the Town of Newbury that it has “recognized the use of devices and materials intended to prevent” protected shorebirds from using beach systems and dunes. The letter read “mylar streamers, flags, [and] physical objects” as examples of such devices.
The letter, obtained by Fox News Digital, goes on to warn that “activities aimed at preventing protected shorebirds from using suitable habitat may be considered harassment or interference with normal feeding, breeding, or migratory behavior,” which is prohibited under the state and federal Endangered Species Acts, and “carries important regulatory and financial obligations.”
“Non-compliance may result in federal or state enforcement actions, therefore, the City urges residents to comply with applicable wildlife protection laws,” the notice said.
A Plum Island, Massachusetts homeowner said he received a notice from the city’s conservation agent warning residents that flags or other displays on their private property could violate animal protection laws. (Marc Sarkady)
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Long-time residents of the towns were appalled by the letter, which described the installation of “flags” as a target for their Independence Day celebrations. Marc Sarkady, who has lived on the island for more than 30 years, said he was angry.
“Are you right?” Sarkady recounted his reaction, in an interview with Fox News Digital. “You’re telling me I can’t fly American flags on my property to celebrate America 250?”
Sarkady said the area is about “10 miles of open ocean” with no houses where the birds can roam freely.
“It’s a nature preserve,” he said. “So for us, it’s like, guys, come on, think about it.”
Marc Sarkady said he and other residents were upset by the city’s notice warning them not to display American flags before July 4. (Marc Sarkady)
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City officials, however, told Fox News Digital that they are not banning patriotic displays.
Newbury City Administrator Tracy Blais said the city “does not in any way attempt to interfere with a property owner’s rights to use their property or to restrict the use of their property for general and patriotic purposes.”
According to Blais, the city immediately accepted a request from MassWildlife to help “spread the word” about protecting endangered species.
“This letter simply lists the provisions of the law and the City does not imply any threat or legal liability – it reminds property owners that they live in a very special place that comes with certain obligations,” said Blais. The city said residents are free to celebrate America’s 250th anniversary and denied the charter said otherwise.
“The City does not claim any rights or control that it does not have, and I think the City charter is clear on that point,” he said in a statement.
Piping Plover (Charadrius melodus). Parker River National Wildlife Refuge, Massachusetts. (Stock)
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Before receiving the letter last week, Sarkady and other members of the community started an effort to distribute American flags and symbols to celebrate America’s 250th birthday. They are distributing about 50 American flags and about 100 revolutionary-style flag signs that say, “Plum Island Honors America” to residents throughout the island.
“We are really trying to unite the island – everyone, by the way, not on the left, not on the right, America, the citizens of America, and really reach out. That’s really the spirit of what I’m trying to do here,” explained Sarkady.
According to Sarkady, this is not the first incident of clashes between neighbors and officials over beach decorations. He said that last year, a Massachusetts Division of Fisheries and Wildlife official sent a letter with nearly the same wording to one of his neighbors after he placed decorative signs on the beach’s lawn. He said a government official then called him directly, threatening severe punishment if he did not comply – a claim denied by the government agency.
“This person actually threatened a resident of Plum Island, who owns the house, with a fine and possible arrest and jail time,” Sarkady said, adding that the neighbor eventually lowered his guns out of fear. “He felt very scared.”
Attendees stand for the US National Anthem during the National Jubilee of Prayer, Praise and Thanksgiving on the National Mall in Washington, DC, US, Sunday, May 17, 2026. The US is hosting a series of events during 2026 to celebrate the country’s 250th anniversary. (Matt McClain/Bloomberg via Getty Images)
In response, a spokesperson for MassWildLife told Fox News Digital, “MassWildlife does not prohibit residents from displaying American flags on their property and has never issued any violation letters or notices to landowners, nor has it taken any action to impose or threaten fines.”
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Sarkady and two of his neighbors received the city’s latest notice last week, prompting them to contact the Pacific Legal Foundation (PLF) for help.
On Wednesday, the advocacy group sent a letter to Town of Newbury Conservation Agent Mason Ferrick, saying the town’s demands raise “serious concerns” about land rights and the legal basis for its claims.
PLF’s letter asks the city to clarify if it says homeowners are legally prohibited from displaying flags, streamers, or other objects on their private property. It also seeks a legal basis for how the Massachusetts and federal Endangered Species Acts apply to privately owned coastal land. According to PLF, no court has ever found a homeowner guilty under these endangered species acts for displaying decorations on his private property.
“Flying red, white, and blue on the Fourth of July is like American apple pie,” said Mark Miller, director of Environmental and Natural Resources Litigation at the Pacific Legal Foundation, in a press release. “For Massachusetts local officials to demand an exception violates both the First and Fifth Amendments to the United States Constitution. As Massachusetts Founder John Adams famously said, ‘property must be protected, or liberty cannot exist.’
In response to comments from state and local officials, Miller told Fox News Digital, “When governments send letters that look like threats, sound like threats, and move like threats, they shouldn’t be surprised when people take them as threats.”
Plum Island in Massachusetts shares its name with another Plum Island off the coast of Long Island in New York. That Plum Island belongs to the United States government and is used for research and exploration. The two Plum islands are not related.
