The Town of Newbury has issued formal letters to Plum Island property owners warning that displaying American flags and patriotic banners could violate state and federal endangered species laws. The municipal notice was distributed less than two weeks prior to Independence Day, creating uncertainty among local residents regarding holiday displays on private land. In response, the Pacific Legal Foundation has sent an official demand letter to town officials requesting immediate clarification on potential resident liability.
The municipal warning explicitly identified flags, mylar streamers, and reflective materials as items that could discourage Piping Plovers and Least Terns from utilizing nesting habitats. The affected geographic area encompasses the local beach and dune system situated along Plum Island. Local officials contend that these decorative elements may trigger violations under the Massachusetts Endangered Species Act as well as federal wildlife protection statutes.
Legal representatives from the Pacific Legal Foundation argue that no court has historically found a private homeowner liable under wildlife preservation laws for displaying decorative items on personal property. The foundation contends that the local restrictions infringe upon constitutional rights, specifically referencing the First and Fifth Amendments to the United States Constitution. The organization’s legal filing demands that Newbury administrators identify the exact legal authority supporting the issued compliance warnings.
The national nonprofit law firm is currently representing Plum Island resident Marc Sarkady free of charge. Founded in 1973, the legal group specializes in defending property owners against what it defines as government overreach and constitutional violations. The firm maintains active litigation cases across 34 states and Washington, D.C., including a historical record of 18 victories out of 21 cases presented before the United States Supreme Court.
The ongoing dispute highlights a direct conflict between municipal environmental enforcement and private property rights ahead of the national holiday. Residents continue to seek formal assurances that traditional patriotic displays will not result in civil or criminal penalties. The Town of Newbury has not yet publicly filed a formal legal response to the contract clarification demands submitted by the defense firm.
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