A federal judge has dismissed a lawsuit filed by Shannon "SJ" Joslin, a former ranger at Yosemite National Park, who was terminated after flying a large transgender pride flag from El Capitan, a prominent rock formation in the park. U.S. District Judge Jennifer Thurston ruled that Joslin, who identifies as nonbinary and uses the pronoun they, must adhere to the procedures outlined in the Civil Service Reform Act when contesting their dismissal.
Judge Thurston's ruling, issued on Friday, highlights that as a probationary employee at the time of their firing in August 2025, Joslin is required to file a complaint with the Office of Special Counsel. This office investigates claims regarding federal employee disputes. Joslin has already filed a complaint, although their initial request to suspend the termination pending investigation was denied. A final determination by the Office of Special Counsel is expected in August 2023.
Joslin, who works as a biologist specializing in bat studies, was involved in hanging a 66-foot-wide transgender pride banner on El Capitan on May 20, 2025, during their day off. They stated that the intent behind this act was to convey a message of safety and inclusivity within national parks. However, Joslin’s termination letter, received in August 2025, claimed they exhibited "unacceptable conduct" and participated in an unauthorized demonstration outside designated protest areas. The letter accused them of circumventing established rules applicable to park visitors.
Yosemite National Park, like many other parks, maintains designated “First Amendment areas” where groups of 25 or fewer can demonstrate without a permit. Joslin's lawsuit alleges constitutional violations against the National Park Service and the Department of Interior, asserting that their dismissal was vindictive and retaliatory, aimed at disapproving of a specific viewpoint. They argued that even though others have displayed flags on El Capitan, they had not seen similar sanctions against those individuals.
In the ruling, Judge Thurston recognized the limited options available to probationary employees like Joslin under federal civil service procedures. However, she noted that permitting probationary employees to bring cases directly to court would create more avenues for complaint than those available to tenured employees. This aspect highlights the constraints faced by new employees in contesting adverse employment actions.
Following Joslin's flag display, Yosemite Park implemented a rule prohibiting the display of banners, flags, or signs larger than 15 square feet in designated wilderness or potential wilderness areas, which encompass approximately 94% of the park. This regulation came in response to a previous demonstration in February 2025, when activists displayed an upside-down American flag on El Capitan to protest the firings of National Park Service employees during the Trump administration.
This case raises significant discussions around freedom of speech, employee rights in federal employment, and the regulations governing protests in national parks. As the investigation by the Office of Special Counsel continues, it remains to be seen how this situation will further develop and what implications it may have for future employee conduct within federally managed spaces.
