A federal judge has thrown out a lawsuit filed by a former Yosemite National Park ranger who was let go after hoisting a massive transgender pride flag on one of the California park’s most recognizable landmarks.
U.S. District Judge Jennifer Thurston issued her ruling on Friday, determining that Shannon “SJ” Joslin — who identifies as nonbinary and uses the pronoun they — is required to work through the process established under the Civil Service Reform Act. Because Joslin was still in a probationary period when they were terminated last year, that process means filing a complaint with the Office of Special Counsel, which Joslin has already done.
According to court documents, the Office of Special Counsel rejected Joslin’s initial request to pause their termination while an investigation into potential Park Service violations takes place. A final decision is expected in August.
Joslin, who worked as a biologist studying bats, said they helped hang a 66-foot-wide transgender pride flag on El Capitan for roughly two hours on May 20, 2025, before voluntarily taking it down. The flag was displayed on Joslin’s day off, not during working hours.
In a previous interview with The Associated Press, Joslin explained their motivation, saying the act was their way of expressing, “We’re all safe in national parks.”
The termination letter Joslin received in August 2025 accused them of “failing to demonstrate acceptable conduct” and pointed to the flag display as the reason. 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 have set aside designated “First Amendment areas” where groups of 25 or fewer people may demonstrate without needing a permit. Yosemite has several such zones, including one in Yosemite Valley, the area where El Capitan stands.
Joslin’s lawsuit names the National Park Service, the Department of Interior, and other defendants, alleging constitutional violations including infringement of free speech rights. Court filings describe the termination as “vindictive, retaliatory, intended to communicate disapproval of a particular point of view.” Joslin also noted that while others have flown flags on El Capitan before, they are unaware of anyone else facing punishment for doing so.
In her ruling, Judge Thurston acknowledged that the federal civil service process leaves probationary workers like Joslin with very few options when a termination decision goes against them. However, she noted that allowing probationary employees to bypass that process and go straight to the courts would actually give them more avenues than employees with full tenure have.
The day after Joslin’s flag display, Yosemite put in place a new rule banning the hanging of banners, flags, or signs larger than 15 square feet in areas of the park classified as “wilderness” or “potential wilderness.” According to Yosemite’s website, that classification covers 94% of the park.
The new rule came in the wake of another notable demonstration that took place in February 2025, when a group of protesters hung an upside-down American flag on El Capitan to protest the dismissal of National Park Service employees by President Donald Trump’s administration.
