In the Town of Newbury, Massachusetts, residents on Plum Island have been told that displaying American flags on their property could potentially run afoul of state and federal wildlife protection laws. One homeowner, Marc Sarkady, who has lived on Plum Island for three decades, placed seven small American flags in the sand on his own property. Soon afterward, he and several neighbors received a letter warning that American flags, Mylar streamers, and other reflective decorations could violate the Massachusetts and federal Endangered Species Acts.

Concerns Over Shorebirds

According to the Town, the concern is not the patriotic message itself, but the possibility that such displays are intended to discourage protected shorebirds—particularly piping plovers and least terns—from nesting on private property. The notice explains that these items “may be viewed as harassment or disruption of normal feeding, nesting, or migratory behavior,” and warns that violations could “carry significant regulatory and financial penalties.”

Mark Miller, director of Environment and Natural Resources litigation at Pacific Legal Foundation, criticized the Town’s position, saying it “would have been unthinkable to the Founding Fathers. It should be unthinkable today.” Representing Sarkady, Pacific Legal Foundation sent a letter to Newbury seeking clarification on whether homeowners could actually face legal consequences for displaying patriotic decorations on their own property.

Original reporting: KTSA News/Talk (San Antonio) — read the source article.