Since when is flying the criteria determining being a bird? Are bats and moskitos birds? Are planes birds?
And flying is certainly not a requirement to be a bird: are baby birds not birds? Are injured or diminished birds not birds anymore? Are kiwis, dodos, ostrichs not birds?
As for penguins I can be flexible depending on how you cook it.
I suppose if you happen to believe that chickens specifically are the descendents of dinosaurs, but you don't believe that birds in general are the descendents of the dinosaurs?
IDK. I'm having segment fault errors occur when I attempt to parse OP's logical expression.