Labor & Employment Law Daily Wrap Up, LITIGATION NEWS, TRENDS—National Park Service biologist fired for briefly flying trans pride flag files suit, (Feb 24, 2026)

By Brandi O. Brown, J.D.

They were summarily fired and then criminally investigated as part of what they describe as a “vindictive campaign.”

“For decades, climbers at Yosemite National Park have expressed messages—political and non-political—from the iconic rock formation El Capitan (El Cap),” a complaint filed in federal court by a probationary, nonbinary National Park Service ranger/biologist begins. “Yosemite’s history is rooted in activism, and that tradition continues today.” According to the biologist, this tradition was broken by the National Park Service (NPS), along with the Department of Justice (DOJ), when they were targeted for exercising free speech at El Cap.

Together with a group of climber friends, Dr. Joslin unfurled a trans pride flag on El Cap for less than three hours on their day off, which was followed by their summary termination and a criminal investigation. Dr. Joslin’s alleges that their First Amendment and Privacy Act rights were violated and that these actions continue to chill their expressive conduct and speech.

Fired, investigated. The day after the group flew the flag to send the message “that being trans is natural,” the Yosemite Superintendent announced a new ban on certain sized flags in over 94 percent of the park, the complaint states, a ban that would have encompassed the flag the employee and their friends flew. The new restriction was also added to a set of rules of the park, some of which can result in criminal penalties. NPS fired the employee, citing a regulation that has never been used to prohibit similar conduct, according to the employee’s knowledge. Next, the agency confirmed that it was also treating the incident as a criminal matter and that the employee was under investigation.

The lawsuit alleges that the defendants’ actions violate the First Amendment and the Privacy Act, and the employee is seeking declaratory and injunctive relief, as well as damages.

The lawsuit was filed in the District of Columbia; case is No. 1:26-cv-576.

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