A federal judge has dismissed a lawsuit brought by a former Yosemite National Park ranger who was fired after flying a giant transgender pride flag from a prominent rock wall within the California park.
U.S. District Judge Jennifer Thurston ruled on Friday that Shannon "SJ" Joslin, who identifies as nonbinary and uses they/them pronouns, must adhere to the process outlined by the Civil Service Reform Act.
As a probationary employee at the time of their termination last year, Joslin is required to file a complaint with the Office of Special Counsel (OSC), a step they have already taken.
The OSC previously denied Joslin's initial request to halt their termination while investigating whether the Park Service acted unlawfully, according to court filings. A final decision from the OSC is anticipated in August.
Joslin, a biologist specializing in bats, stated they assisted in hanging a 66-foot-wide transgender pride flag on El Capitan for approximately two hours on May 20, 2025, before voluntarily removing it.
The incident occurred on Joslin’s day off, not while on duty. They told The Associated Press last year that the flag display was intended to convey, "We’re all safe in national parks."
Joslin’s termination letter, received in August 2025, accused them of "failing to demonstrate acceptable conduct" and specifically referenced the flag incident.
The letter stated, "You participated in a small group demonstration in an area outside the designated protest and demonstration area without a permit... and thus circumvented rules applicable to all park visitors."
Many national parks feature designated "First Amendment areas" where groups of 25 or fewer individuals can protest without a permit, including several in Yosemite Valley, where El Capitan is located.
Joslin’s lawsuit alleged constitutional violations by the National Park Service, the Department of the Interior, and other defendants, including an infringement of their right to free speech.
Court filings claim Joslin’s termination was "vindictive, retaliatory, intended to communicate disapproval of a particular point of view."
Joslin noted that while others have displayed flags on El Capitan, they are unaware of anyone else facing punishment for such actions.
In her Friday ruling, Judge Thurston acknowledged that the federal civil service rules governing challenges to termination offer probationary employees like Joslin very limited recourse when a decision goes against them.
However, the judge also pointed out that allowing probationary employees direct access to the courts would grant them more options than tenured employees possess.
The day after Joslin’s flag display, the park implemented a new rule prohibiting banners, flags, or signs larger than 15 square feet in areas designated as "wilderness" or "potential wilderness."
This regulation impacts 94% of the park, according to Yosemite’s website. This rule followed another high-profile demonstration in February 2025, when a group displayed an upside-down American flag on El Capitan to protest the firing of National Park Service employees by the Trump administration.
