Residents of a Massachusetts coastal town are outraged after receiving a notice from the Town of Newbury warning that flying flags on their property could violate endangered species laws. The notice, which was sent to Plum Island homeowners, lists mylar streamers, flags, and reflective materials as examples of devices that could deter protected shorebirds from using local beach and dune systems.

Concerns Over Endangered Species

The notice cautions that activities intended to deter protected shorebirds from utilizing suitable habitat may be viewed as harassment or disruption of normal feeding, nesting, or migratory behavior, which is prohibited under the state and federal Endangered Species Acts. Longtime residents of the beach community are interpreting the inclusion of ‘flags’ as targeting their Independence Day celebrations.

Marc Sarkady, who has lived on the island for over 30 years, said he was outraged by the notice. ‘Are you serious?’ Sarkady recounted his reaction. ‘You’re telling me I can’t fly American flags on my property to celebrate America 250?’

Town Officials Respond

Town officials, however, claim that they are not prohibiting patriotic displays. Newbury Town Administrator Tracy Blais said that the town is ‘not in any way attempting to interfere with the property owner’s rights to use their property or to restrict their use of their property for ordinary and patriotic purposes.’ The town merely agreed to a request from MassWildlife to help ‘spread the word’ about protecting endangered species.

The Pacific Legal Foundation (PLF) has sent a letter to the Town of Newbury, stating that the town’s demands raise ‘significant concerns’ regarding property rights and the legal basis for its claims. The PLF letter asks the town to clarify if it is claiming that homeowners are legally prohibited from displaying flags, streamers, or reflective materials on their private property.

Original reporting: Fox News (HLL/CB) — read the source article.