Federal judge dismisses lawsuit from fired ranger who flew trans Pride flag at Yosemite

A federal judge in California dismissed a lawsuit brought by a park ranger who was fired after helping fly a transgender Pride flag at Yosemite National Park.

Earlier this year, Dr. SJ Joslin filed suit against the Department of the Interior following her termination. The nonbinary biologist argued the firing was illegal and violated their First Amendment and Privacy Act rights.

But U.S. District Judge Jennifer L. Thurston, an appointee of former President Joe Biden, ruled that Joslin improperly bypassed the administrative process available to challenge the action and instead must pursue the remedies outlined in the Civil Service Reform Act. Thurston dismissed the case without prejudice, allowing Joslin to return to court after exhausting those administrative avenues.

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Joslin initiated that process in December, before filing the federal lawsuit. A final determination from the Office of Special Counsel is not expected until August. Joslin was still serving a probationary period when they were fired. Thurston said that while federal courts remain available to employees who believe they have been treated unlawfully, Joslin’s argument that judicial intervention is now warranted could create problems, including forum shopping.

“To complicate matters further, Joslin’s argument implies not only that probationary employees can file complaints in a district court,” Thurston wrote. “It implies also that probationary employees can file lawsuits immediately, without waiting until the OSC completes its investigation and makes a decision. Joslin’s position therefore also conflicts with the more general principle ‘that an aggrieved federal employee must exhaust their claims before filing a federal lawsuit.’”

Joslin was off duty when they and a group of fellow rock climbers hung a giant transgender Pride flag from El Capitan, the iconic Yosemite rock formation that has served as the site of multiple protests since President Donald Trump’s election.

The demonstration drew national media attention and prompted the Interior Department to ban the display of large flags at the landmark, threatening violators with jail time, according to The New York Times. The lawsuit says the ban was announced the day after Joslin’s group unfurled the trans flag.

Related: Former Yosemite ranger SJ Joslin sues federal government for firing over hanging trans flag

Joslin said the flag was displayed for only three hours before the climbers voluntarily removed it. Nevertheless, Joslin lost their job and became the subject of a criminal investigation launched by the Trump administration. The lawsuit cites Trump’s long record of anti-transgender actions and argues that Joslin’s termination was part of a broader pattern of discrimination against transgender people.

“Defendants’ campaign against Dr. Joslin is illegal and unconstitutional. 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 complaint states.

“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.”