In a Massachusetts coastal town, residents expressed their anger after receiving a notice suggesting that flying flags on their property could breach the Endangered Species Act. This concern arose just before the upcoming 250th anniversary of the United States.
Homeowners on Plum Island were alerted by the Town of Newberry about the usage of devices that might deter protected sandpipers from local beaches. The notice mentioned items like Mylar streamers and flags as potential issues.
The letter, which was shared with Fox News Digital, warned that attempts to prevent these shorebirds from using suitable habitats could be seen as harassment, leading to serious penalties under both state and federal laws. It emphasized, “The Town urges residents to comply with applicable state and federal wildlife protection laws,” adding that non-compliance could lead to enforcement actions.
Residents, especially long-time community members, were taken aback, interpreting the mention of flags as a potential threat to their Independence Day celebrations. Mark Sarkadi, a 30-year resident of the island, voiced his rage, questioning, “Are you serious? Are you saying I can’t fly the American flag on my property to celebrate America’s 250th anniversary?”
Sarkadi pointed out the area’s ample open beaches, which suggests there’s enough space for birds without impeding their movement. “This is a nature reserve,” he noted, urging for some reasonableness.
Town officials, however, clarified that they were not restricting patriotic displays. Newberry’s Town Administrator Tracy Brace assured that property rights for patriotic purposes would remain intact. She explained that the town only sought to inform residents about protecting endangered species, stating the letter served as a reminder of local responsibilities rather than an enforceable threat.
Prior to the notice, community members had started an initiative to distribute American flags and signs that read “Plum Island Honors America” to mark the anniversary. They managed to distribute around 50 flags and 100 signs, according to Sarkadi, who emphasized the importance of uniting the community.
This isn’t the first clash between local residents and officials regarding such decorations. Sarkadi recounted an incident from the previous year when a similar warning was issued to a neighbor who had flags on her coastal lawn. He alleged that state officials threatened her with penalties, a claim the officials continue to deny.
In response to the recent notice, a representative from MassWildlife stated that there were no prohibitions against displaying the American flag and emphasized that no letters had been sent to homeowners regarding violations.
Last week, Sarkadi and two neighbors received another notice from the town, suggesting they reach out to the Pacific Legal Foundation (PLF) for legal assistance. The PLF responded by sending a letter to the town’s conservation agent, raising concerns about property rights and questioning the legal basis of the town’s warning.
Mark Miller, from the PLF, emphasized the right to display patriotic symbols, claiming such restrictions could violate constitutional rights. He suggested that if the town’s letter appeared threatening, it was understandable that residents perceived it as such.
Interestingly, Plum Island in Massachusetts is distinct from another Plum Island near Long Island, New York, which is owned by the government and used for research purposes, and the two locations are unrelated.
