judge dismisses – A federal judge dismissed Shannon Joslin’s free speech lawsuit after the Yosemite biologist said they were wrongfully fired for helping display a transgender flag at El Capitan. The court ruled it could not order reinstatement, though the fight over the firing
When Shannon Joslin helped display a pink, white and blue transgender flag at El Capitan in May 2025, they called it an act of solidarity. For Joslin, who uses “they/them” pronouns, it was also a moment they believed belonged to them as a private citizen—something they were doing while off-duty.
Less than two weeks later, the response that followed landed with the force of an investigation. A Park Service law enforcement officer contacted Joslin about the flag and told them they were “under criminal investigation.” In a follow-up interview. Yosemite’s acting deputy superintendent issued a termination letter.
By the time Joslin was dismissed, they were only a few weeks shy of completing their two-year trial period.
On Friday, a federal judge dismissed Joslin’s lawsuit, rejecting their attempt to use the courts to force the park service to reinstate them. The dismissal came with a narrow focus: the court ruled it has no authority to order the National Park Service to reinstate Joslin’s position.
But the judge also said the broader case didn’t clear a procedural hurdle. U.S. District Judge Jennifer L. Thurston wrote that Joslin used the wrong process to challenge the firing.
Joslin’s lawsuit. filed in February 2026 against several government agencies and officials. alleged unlawful and retaliatory action in response to their peaceful off-duty expression. They asked for reinstatement and argued the government acted illegally, sought protection from criminal charges, and requested financial damages.
Joslin said they were on their day off from work at the time, installing the flag as a “private citizen.”
The employer’s account of what happened points in a different direction. According to Joslin’s employer. they “failed to demonstrate acceptable conduct” during the trial period by participating in a demonstration without the proper permit. “thus [circumventing] rules applicable to all park visitors.”.
A form Joslin later received cited a presidential executive order and unspecified “unacceptable conduct,” the court ruling said.
Joslin did not stay silent after the firing. In an August 2025 Instagram post. they wrote. “I want my rights and I want my career back.” They added. “No one. in any of my roles has EVER had negative comments about my conduct. I treat people with the time, patience and respect I hope they will give to me.”.
When Joslin posted about what they believed was targeting, the story gained traction online.
Thurston’s ruling did not end the dispute, but it changed how Joslin can fight it. The judge said Joslin can challenge their termination through the Civil Service Reform Act, which protects federal employees from unfair practices and political retaliation.
Joslin already began that path. In December 2025, they filed a complaint with the U.S. Office of Special Counsel, or OSC, alleging that the government’s actions “prohibited personnel practice.”
Joslin described the stakes in stark terms. In 2025. they told The Times. “My firing isn’t just about one ranger.” They continued. “It’s about whether everyone has the right to speak freely in the United States. This kind of targeting threatens the rights of civil servants, and by extension, all Americans, to speak freely.”.
The Office of Special Counsel has up to 240 days to respond to Joslin’s complaint, with the deadline set for Aug. 3. The OSC is expected to delay its response because of a government shutdown and a backlog of cases.
For Joslin, the timeline now feels like part of the burden—first the sudden contact from law enforcement, then the termination before the trial period ended, and now a court dismissal that leaves them seeking relief through a different legal route.
Yosemite El Capitan Shannon Joslin transgender flag free speech National Park Service federal judge Civil Service Reform Act Office of Special Counsel OSC