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.<\/p>\n\n\n\n
The lawsuit, filed by Dr. Shannon \u201cSJ\u201d 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 \u201cEl Cap,\u201d on their day off last May.<\/p>\n\n\n\n
That day, Joslin \u2014 who is nonbinary and goes by they\/them pronouns \u2014 hung the flag alongside other climbers, including NPS employees. The 26-page complaint says that Joslin\u2019s colleagues \u201cassured 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.\u201d<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
Shortly thereafter, Joslin was fired, with their notice of termination citing \u201conly a regulation prohibiting demonstrations outside of designated protest areas\u2014a charge that, on information and belief, had never been applied to or enforced for conduct like Dr. Joslin\u2019s.\u201d<\/p>\n\n\n\n
The complaint argues that their firing violated Joslin\u2019s First Amendment rights. It also says that NPS collected a press release Joslin\u2019s group issued the day they unfurled the flag, which it claims is a violation of the Privacy Act of 1974.<\/p>\n\n\n\n
\u201cThis sends a clear message: Hanging a trans flag in the park results in firing and criminal investigation,\u201d the complaint states. \u201cFuture expression in support of trans rights would lead to even more severe punishment.\u201d<\/p>\n\n\n\n
The filing says that Joslin has faced \u201cmedical, financial, personal, and professional harm\u201d 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 \u201ccaused them mental anguish for which they have incurred increased healthcare costs for mental health treatment.\u201d<\/p>\n\n\n\n
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 \u201cdoes not provide Dr. Joslin with a guaranteed path to appeal their termination\u201d to MSPB or federal courts.<\/p>\n\n\n\n
The complaint lists NPS, DOJ, the Interior Department, Interior Secretary Doug Burgum and Attorney General Pam Bondi as defendants.<\/p>\n\n\n\n
\u201cWe do not comment on the specifics of personnel actions. However, we want to emphasize that we take the protection of the park\u2019s resources and the experience of our visitors very seriously and will not tolerate violations of laws and regulations that impact those resources and experiences,\u201d an NPS spokesperson said in a comment.<\/p>\n\n\n\n
\u201cYosemite National Park was designated by Congress to highlight the beautiful natural and cultural features of the area,\u201d the comment continued. \u201cNo 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.\u201d<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
\u201cThis administration is targeting Dr. Joslin because it wants to scare people into silence,\u201d said Joanna Citron Day, one of Joslin\u2019s attorneys, in a release. \u201cDr. Joslin exercised their First Amendment rights and is being punished to send a clear message\u2014speech the administration doesn\u2019t like will not be tolerated. Dr. Joslin was illegally fired and should be reinstated immediately.\u201d<\/p>\n\n\n\n