The Pacific Legal Foundation put its objection in the language of the Bill of Rights. Flying the flag on July 4, the group’s Mark Miller said, is “as American as apple pie,” and for Massachusetts officials to claim otherwise “violates both the First and Fifth Amendments to the United States Constitution.”
What set it off was a notice mailed by the Town of Newbury to homeowners on Plum Island, a coastal community. It warned that “flags” and other items used to deter protected shorebirds could count as harassment under state and federal endangered species law, and it said non-compliance “may result in state or federal enforcement actions.”
Three residents contacted the foundation. On Wednesday it wrote to Conservation Agent Mason Ferrick and asked two things. Is the town claiming that homeowners may not display flags, streamers or reflective materials on private property? And what is the legal basis for applying the endangered species acts to privately owned beachfront? The foundation said no court has ever held a homeowner liable under those laws for putting up decorations.
Newbury says the foundation is reading too much into the letter. Town Administrator Tracy Blais said the town has no wish to restrict property use “for ordinary and patriotic purposes” and that residents are free to celebrate America’s 250th anniversary. The notice, she said, only recited the law at the request of MassWildlife, to “spread the word” about protecting endangered species. “The Town is not asserting any rights or control it does not have,” she said.
A MassWildlife spokesperson went further, telling Fox News Digital the agency has not issued violation letters to these landowners and has taken no action to impose or threaten penalties.
Miller was unmoved. “When governments send letters that look like threats, sound like threats and walk like threats, they shouldn’t be surprised when people take them as threats.”
Marc Sarkady, a resident of more than 30 years, took the notice as a hit on the island’s Independence Day plans. He and neighbours had handed out around 50 American flags. He also says a state wildlife official sent a nearly identical letter last year to a neighbour who had put up decorative banners, and that she was warned of fines and possible arrest. The agency flatly denies it.
