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Tipsheet

Park Ranger Was Fired for Displaying Trans Flag at National Park – Now He's Suing

Park Ranger Was Fired for Displaying Trans Flag at National Park – Now He's Suing
Eric Paul Zamora/The Fresno Bee via AP

A former Yosemite National Park ranger filed a lawsuit against the U.S. Department of the Interior on Monday for firing him after he hung a transgender pride flag in the park.

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Dr. Shannon “SJ” Joslin, a wildlife biologist and former ranger who identifies as nonbinary, filed the lawsuit in a Washington, D.C. federal court, alleging the dismissal violated his First Amendment rights, The Hill reported.

Joslin’s complaint accuses the National Park Service, the Interior Department, and the Justice Department of launching a campaign of “illegal and unconstitutional” retaliation because they did not approve of his off-duty protest in support of transgender rights.

The lawsuit claims his firing in July and the threat of criminal prosecution “were clearly motivated by the government’s disagreement with Dr. Joslin’s off-duty speech.” It further contends that the regulation on protests was selectively enforced against him while other flag displays did not lead to punishment, according to the San Francisco Chronicle.

The former ranger is seeking to be reinstated to his job, an injunction prohibiting further punishment, and damages of at least $1,000 and the coverage of his attorney’s fees.

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Joslin went viral on social media after he hung a giant transgender pride flag on Yosemite’s iconic El Capitan rock formation. He draped it across the climbing wall that overlooks the park’s main road. They flew the flag for about two hours before voluntarily removing it.

The former ranger later learned he was under criminal investigation tied to the stunt. Acting Deputy Superintendent Danika Globokar told Joslin in an August termination letter that he had “failed to demonstrate acceptable conduct” by participating in the demonstration outside the proper protest zone.

The lawsuit points to various inconsistencies in how the government has enforced these rules. He noted that other large flags have been flown on the rock formation, including an upside-down U.S. flag raised by park staff to protest President Donald Trump’s staffing cuts and a “Stop the genocide” banner to protest Israel’s effort to eliminate Hamas. None of these people were fired for hanging these displays at El Capitan.

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Yosemite officials announced a new ban on flying large flags from most areas in the park the day after the trans flag stunt. Joslin’s attorneys argue that the timing shows the rule was “pretext for censoring disfavored speech.”

Despite the silliness of the stunt, Joslin could have a point when it comes to how the rules were applied. If Joslin is correct that the anti-Israel flag and the upside down flag were not punished even though they were acts of protest, it would mean the law is not being applied consistently or equally.

Of course, this is not a guarantee that the court will rule in Joslin’s favor. But it might be enough to convince the judge that this is a case of viewpoint discrimination, which is why if the government is going to institute these rules, it needs to do so consistently.

Editor's Note: With President Trump back in the White House, the state of our Union is strong once again.

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