A former National Park Service (NPS) ranger who was fired last year for hanging a transgender pride flag in Yosemite National Park sued multiple federal agencies Monday over their termination, arguing it violated their First Amendment rights.
The lawsuit, filed by Dr. Shannon “SJ” Joslin in the U.S. District Court for the District of Columbia, said NPS and the Department of Justice (DOJ) targeted them for unfurling a transgender pride flag on El Capitan, a rock formation in Yosemite known as “El Cap,” on their day off last May.
That day, Joslin — who is nonbinary and goes by they/them pronouns — hung the flag alongside other climbers, including NPS employees. The 26-page complaint says that Joslin’s colleagues “assured them that so long as they were not on duty when participating, they would have their full First Amendment rights, which they factored into the scheduling of the display.”
Joslin and the other climbers removed the flag less than three hours after hanging it up. Days later, NPS informed Joslin they were under investigation, including a criminal probe. Joslin has not been informed that this investigation has concluded.
Shortly thereafter, Joslin was fired, with their notice of termination citing “only a regulation prohibiting demonstrations outside of designated protest areas—a charge that, on information and belief, had never been applied to or enforced for conduct like Dr. Joslin’s.”
The complaint argues that their firing violated Joslin’s First Amendment rights. It also says that NPS collected a press release Joslin’s group issued the day they unfurled the flag, which it claims is a violation of the Privacy Act of 1974.
“This sends a clear message: Hanging a trans flag in the park results in firing and criminal investigation,” the complaint states. “Future expression in support of trans rights would lead to even more severe punishment.”
The filing says that Joslin has faced “medical, financial, personal, and professional harm” since their firing, specifically the loss of health insurance coverage in the face of Lyme disease and thyroid condition diagnoses. It also notes that their termination has “caused them mental anguish for which they have incurred increased healthcare costs for mental health treatment.”
As a probationary employee, Joslin cannot appeal their termination to the Merit Systems Protection Board (MSPB). Instead, they filed a complaint with the Office of Special Counsel in December, but doing so “does not provide Dr. Joslin with a guaranteed path to appeal their termination” to MSPB or federal courts.
The complaint lists NPS, DOJ, the Interior Department, Interior Secretary Doug Burgum and Attorney General Pam Bondi as defendants.
“We do not comment on the specifics of personnel actions. However, we want to emphasize that we take the protection of the park’s resources and the experience of our visitors very seriously and will not tolerate violations of laws and regulations that impact those resources and experiences,” an NPS spokesperson said in a comment.
“Yosemite National Park was designated by Congress to highlight the beautiful natural and cultural features of the area,” the comment continued. “No matter the cause, demonstrating without a permit outside of designated First-Amendment areas detracts from the visitor experience and the protection of the park. To safeguard the protection of visitors, visitor experiences, and park resources, many demonstrations require a permit.”
The filing asks the court to grant Joslin injunctive relief against the defendants by ordering NPS to reinstate them and awarding them with a sum to be determined at trial that is at least $1,000.
“This administration is targeting Dr. Joslin because it wants to scare people into silence,” said Joanna Citron Day, one of Joslin’s attorneys, in a release. “Dr. Joslin exercised their First Amendment rights and is being punished to send a clear message—speech the administration doesn’t like will not be tolerated. Dr. Joslin was illegally fired and should be reinstated immediately.”
