A former Yosemite National Park employee filed a lawsuit against the National Park Service (NPS) after being fired for hanging a transgender pride flag across the park’s El Capitan rock formation in California last year.
Shannon “SJ” Joslin, who is non-binary and uses they/them pronouns, reported being fired in August after hanging the massive 55-foot by 35-foot flag across Yosemite’s iconic rock destination. At the time, Joslin insisted that the flag was hung after work hours and had nothing to do with the position.
“I was fired by the temporary Deputy Superintendent for ‘failing to demonstrate acceptable conduct’ in my capacity as a Wildlife Biologist for the park. No part of hanging the flag was done on work time. NOTHING about it had anything to do with my work,” Joslin wrote in an Instagram post in August.
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On Monday, Joslin formally sued the National Park Service, the U.S. Department of the Interior and the Department of Justice claiming that the termination was a violation of the First Amendment and an attack against the transgender community.
“First, Dr. Joslin’s termination and criminal investigation were clearly motivated by the government’s disagreement with Dr. Joslin’s off-duty speech in support of the trans community, of which Dr. Joslin is a part,” the lawsuit read. “Even assuming that Dr. Joslin’s actions in displaying the transgender flag violated any existing NPS rules, enforcement of facially valid rules in a way that discriminates based on viewpoint violates the First Amendment.”
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Joslin also claimed that the NPS investigated the situation as a “criminal matter” despite “no one” having faced consequences for this kind of demonstration. Joslin is demanding to be reinstated at the NPS, claiming the termination has caused “mental anguish” and exacerbated ongoing medical issues.
“My life has been overhauled by an administration that wants to take away basic constitutional rights and ruin the lives of people who think or are different from them,” Joslin told SFGATE. “I won’t sit back and accept the failing of American democracy, and this lawsuit is my way of giving voice to and fighting for all federal, trans and human rights in the United States.”
The NPS and the Interior Department declined to comment on the legal case but released a statement to Fox News Digital emphasizing that the agencies take the protection of the park “very seriously.”
“Yosemite National Park was designated by Congress to highlight the beautiful natural and cultural features of the area. 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 statement read.
Fox News Digital also reached out to the Department of Justice for comment.
Shortly after the original demonstration, the park’s then-acting superintendent, Ray McPadden, signed a directive banning “any banner, flag, or sign larger than fifteen square feet…or a series or combination of banners, flags, or signs that total more than fifteen square feet” from being displayed without a permit.
