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Federal judge rules she lacks authority to reinstate fired Yosemite ranger who flew trans pride flag

Federal judge rules she lacks authority to reinstate fired Yosemite ranger who flew trans pride flag
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Federal Judge Denies Appeal of Yosemite Ranger Fired for Hanging Trans Pride Flag

A federal judge on Friday ruled that she had no authority to reinstate Shannon “SJ” Joslin, a former Yosemite National Park ranger who was dismissed last summer for displaying a trans pride flag across the park’s iconic El Capitan rock formation. The decision also rejected Joslin’s request to block a potential criminal investigation into the flag‑hanging incident.

Joslin, who identifies as nonbinary, sued the U.S. Department of the Interior after being terminated in May 2025. The ranger claimed the dismissal was retaliatory and that it violated her First Amendment rights. In his lawsuit, Joslin sought the reinstatement of his position and an injunction to prevent the government from pursuing criminal charges against him. The Department of the Interior argued that the flag display violated park regulations that require permits for any demonstration outside designated First‑Amendment areas.

The Flag Incident and Its Aftermath

On May 13, 2025, Joslin hung a 55‑by‑35‑foot trans pride flag across El Capitan during his day off. The flag, which measured 55 feet tall and 35 feet wide, was visible from many viewpoints within the park. The ranger posted an Instagram photo of the flag and later wrote, “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.” He added that no one had ever faced disciplinary action for hanging a flag across El Capitan before that week.

The park’s deputy superintendent cited “unacceptable conduct” as the reason for termination. In a statement to Fox News Digital, the Interior Department said it takes the protection of park resources and visitor experience seriously and that “demonstrating without a permit outside of designated First‑Amendment areas detracts from the visitor experience and the protection of the park.”

The Lawsuit

Joslin’s lawsuit, filed in the U.S. District Court for the District of California, claimed that the firing was “vindictive, retaliatory, and intended to communicate disapproval of a particular point of view.” He argued that the government had selectively enforced its rules based on the message of the flag.

In his appeal, Joslin asked the judge to reinstate his position and to keep the government from launching a criminal investigation into the flag display. He also sought a preliminary injunction to halt any further action against him.

Judge’s Decision

U.S. District Judge Jennifer Thurston granted the Department of the Interior’s motion to dismiss and denied Joslin’s motion for a preliminary injunction. In a written ruling accessed by Fox News Digital, Thurston stated:

“The government claims for its part that Joslin was fired for reasons that had ‘nothing to do’ with 'speech,’ adding, 'But the government has another more fundamental and more persuasive point: under the laws that Congress has passed, and under the legal precedent that a federal trial court must follow, this Court does not have authority to decide whether Joslin was fired for unconstitutional or illegal reasons, nor to block a hypothetical criminal case against them.'”

The judge emphasized that federal courts lack the power to rule on the constitutionality of an employment decision or to preclude criminal prosecution in this context. Consequently, Joslin’s request for reinstatement and an injunction to prevent criminal proceedings was dismissed.

Reactions

In an Instagram post following the ruling, Joslin said, “I want my rights and I want my career back.” He also reiterated his claim that the flag display was an exercise of his First Amendment right and that it was carried out off duty, not during work hours.

The Interior Department, after the ruling, reaffirmed its stance on park regulations. “We take the protection of the park's resources and the experience of our visitors very seriously,” the department said. “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. Many demonstrations require a permit to safeguard visitors, visitor experiences, and park resources.”

Policy Context

Yosemite National Park, designated by Congress to protect natural and cultural resources, has long required permits for any public demonstration that occurs outside of designated First‑Amendment zones. The park’s regulations are intended to balance visitors’ rights to free expression with the need to preserve the park’s environment and ensure a consistent visitor experience.

While the flag incident drew national attention, the Interior Department noted that prior to Joslin’s action, “no one” had faced disciplinary action for hanging a flag across El Capitan. The department’s enforcement of the permit requirement reflects its broader policy to manage demonstrations and protect the park’s resources.

Looking Ahead

The dismissal of Joslin’s case leaves the issue of his potential criminal prosecution unresolved. While the federal court declined to interfere, the Department of the Interior’s statement indicates it may pursue a criminal investigation if warranted. Whether such proceedings will proceed remains to be seen.

For now, the decision reaffirms the limits of federal court authority over employment actions taken by federal agencies and underscores the strict enforcement of park regulations concerning public demonstrations.

Author

Maine News Now

Maine News Now

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