A federal court has dismissed the wrongful termination case of a Yosemite National Park wildlife biologist who was fired last year after hanging a trans pride flag from El Capitan.
Dr. Shannon “SJ” Joslin, who is nonbinary, was on their day off when they climbed El Capitan on May 20, 2025, and unfurled the 70-foot flag midway up the granite monolith.
It attracted nationwide media attention. It also came with consequences.
The National Park Service terminated Joslin for “unacceptable conduct” by participating in a demonstration “outside the designated protest area without a permit.”
Joslin claims no one had ever been fired or disciplined for flying a flag on El Capitan before and that her termination was “vindictive, retaliatory and intended to communicate disapproval of a particular point of view.”
On June 12, Judge Jennifer Thurston of the Eastern District in Fresno issued a fairly narrow ruling on technical grounds, arguing that the federal court didn’t have jurisdiction, because the Civil Service Reform Act (CSRA) already has an administrative procedure in place to remedy a wrongful termination.
In fact, Joslin followed part of that process when they filed a complaint with the Office of Special Counsel (OSC) and asked that their termination be put on hold. The OSC denied the request.
Under CSRA, federal employees can usually appeal terminations to the Merit Systems Protection Board (MSPB). But so-called probationary employees do not have the same option.
Joslin was just a few weeks away from completing a two year “trial period” that would have given them full civil service protection.
Joslin claimed that the OSC process deprived probationary employees of “meaningful judicial review,” especially in cases involving violations of constitutional rights.
Joslin asked the court to prevent federal authorities from criminal prosecuting them for the trans flag incident. At the time, a YNP spokesperson said they were under criminal investigation.
During the court proceedings, federal prosecutors insisted Joslin is no longer under investigation.
It would be “contrary to facts” to assume Joslin is “the target of an ongoing criminal investigation.”
No one has ever been criminally prosecuted for flying a flag on El Capitan.
Finally, Joslin claimed the investigation itself violated their rights under the Privacy Act, and that it had a “chilling effect on their constitutional rights.”
But Judge Thurston said Joslin wasn’t able to establish how they suffered “concrete and particularized harm.”
While Judge Thurston dismissed the case for lack of jurisdiction, the ruling did not preclude Joslin from “any future litigation in a more appropriate venue.”
Joslin has a Ph.D. in genetics and specializes in protecting bats, owls and foxes. They did not reply to a text seeking comment on the case dismissal.
Last March, when they filed the lawsuit against the U.S. Department of Interior, Joslin told the Mariposa Gazette their firing should be a warning to others who disagree with the Trump Administration.
“It might not be your group today, but it could be tomorrow,” Joslin said.
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