Federal judge dismisses biologist's lawsuit over Yosemite flag demonstration

A federal judge dismissed a former National Park Service biologist's lawsuit that sought reinstatement and damages after the biologist was fired for displaying a transgender flag at El Capitan while off duty. The biologist, who uses they/them pronouns, said the May 2025 demonstration was conducted as a private citizen.

A week later, a Park Service law enforcement officer contacted the biologist about the flag and stated they were under criminal investigation.

Termination and court ruling The biologist received a termination letter during a follow-up interview with Yosemite's acting deputy superintendent. The court ruling stated the biologist was weeks short of completing a two-year trial period when terminated.

The employer said the biologist "failed to demonstrate acceptable conduct" by participating in a demonstration without the proper permit. " The judge ruled the court lacks authority to order reinstatement and that the biologist must pursue the claim through the Civil Service Reform Act instead.

Next steps under federal employee protections The biologist filed a complaint with the U.S. Office of Special Counsel in December 2025 alleging prohibited personnel practice. The office has until August 3, 2026, to respond, though officials expect delays due to a government shutdown and case backlog.