A federal judge has dismissed a lawsuit brought by a former Yosemite ranger who was terminated after hanging a massive transgender pride flag on El Capitan, forcing the case into a different legal channel that offers probationary employees limited protection.
US District Judge Jennifer Thurston ruled Friday that Shannon "SJ" Joslin, a nonbinary biologist who studied bats, must pursue their complaint through the Civil Service Reform Act rather than the courts. Since Joslin was still probationary when fired last year, that means filing with the office of special counsel, a step Joslin has already taken. A final determination from that office is due in August.
Joslin helped hang a 66-foot transgender pride flag on El Capitan for roughly two hours on May 20, 2025, doing so on their day off as a private citizen. The ranger's termination letter, issued in August 2025, accused them of "failing to demonstrate acceptable conduct" and cited the flag incident, noting that the demonstration lacked a permit and occurred outside designated protest areas.
Yosemite maintains several "first amendment areas" where groups of 25 or fewer can demonstrate without permits. One sits in Yosemite Valley, where El Capitan is located. Joslin's lawsuit alleged the termination was retaliatory and violated constitutional free speech protections, particularly given that other climbers have hung flags on El Capitan for decades without facing punishment.
The ranger's legal challenge went further, invoking the Trump administration's broader hostility toward transgender communities. The lawsuit pointed to rollbacks of trans protections, the defense department's ban on transgender service members, and increased barriers from the Department of Health and Human Services blocking access to medical care. Joslin also cited sweeping federal layoffs, noting that the National Park Service lost nearly a quarter of its full-time workforce.
Thurston acknowledged that the civil service review process leaves probationary employees with minimal options when they lose at the agency level. Allowing such workers direct court access would actually give them more recourse than tenured employees enjoy. Still, the judge did not address whether Joslin's free speech rights were violated.
"The motion to dismiss Joslin's employment-related claims and requests for relief is granted without leave to amend, but also without prejudice to any future litigation in an appropriate venue," Thurston wrote. She also denied Joslin's request for a preliminary injunction, saying the ranger could not show likelihood of success on the claims.
The office of special counsel had already declined to put Joslin's termination on hold while investigating potential legal violations by the Park Service.
Responding to the ruling, Joslin told the New York Times the decision "isn't a 'win' for the federal government" and that it "slows down the process of allowing justice to be served." The former ranger added: "I understand the gravity of being let go for an identity that this administration has turned into an ideology."
After Joslin's flag display, Yosemite implemented a new rule prohibiting banners, flags, or signs larger than 15 square feet in wilderness or potential wilderness areas, covering 94 percent of the park. The restriction came days after a separate high-profile incident in February 2025, when demonstrators hung an upside-down American flag on El Capitan to protest Park Service layoffs under the Trump administration.
In an Instagram statement last August, Joslin had pushed back on the termination, saying: "El Capitan has had flags hung on it for decades and no one has EVER been punished for it." The ranger emphasized: "I want my rights and I want my career back."
Author James Rodriguez: "The judge's ruling doesn't settle the free speech question, just routes it through bureaucracy where probationary employees have almost no leverage to begin with."
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