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Tag: Pride Flag

  • Federal judge upholds Hamtramck’s Pride flag ban, dismisses lawsuit

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    Viola Klocko

    Someone waves a Pride flag in front of Hamtramck City Hall.

    A federal judge on Monday upheld Hamtramck’s ban on flying Pride flags on city property, dismissing a lawsuit that argued the restriction was unconstitutional.

    U.S. District Judge David M. Lawson said the city’s flagpoles are reserved for government speech, not a public forum for residents.

    In his 12-page opinion, Lawson ruled against Hamtramck Human Relations Commission members Russ Gordon and Cathy Stackpoole, both of whom filed the lawsuit in November 2023. In an act of defiance, Gordon and Stackpoole displayed a Pride flag on public property on Joseph Campau Avenue on July 9. Two days later, the city council removed the pair from the commission.

    As a matter of law, the plaintiffs’ claims under the First and Fourteenth Amendments fail, the judge ruled, saying the “well-settled rule that government speech in a nonpublic forum is not subject to First Amendment regulation.”

    The ruling is a victory for mayor Amer Ghalib and Hamtramck’s all-Muslim city council, which in June 2023 unanimously adopted a “flag neutrality” ordinance allowing only government and national flags to be displayed on public poles. Although the resolution barred religious, political, and ethnic flags, it was widely understood to target the Pride flag after months of heated debate in the city, where more than half of the residents are believed to be Muslim.

    In their lawsuit, Gordon and Stackpoole argued the flag ban violated their free speech and equal protection rights.

    “It is unconstitutional for the government to select what speech will be permitted, and what speech will be prohibited, based on the content or viewpoint of the message conveyed by the speech,” the lawsuit alleged.

    But Lawson rejected that argument, holding that Hamtramck was entitled to close the flagpoles to private expression and reclaim them “for government speech.”

    “The First Amendment’s Free Speech Clause does not prevent the government from declining to express a view,” the judge wrote.

    Lawson also dismissed claims that the ordinance favored religion or discriminated against LGBTQ+ residents, noting that the resolution only authorized American, Michigan, Hamtramck, and Prisoner of War flags, along with flags of nations reflecting the city’s international character.

    Police remove an LGBTQ+ Pride flag in Hamtramck. - Viola Klocko

    Viola Klocko

    Police remove an LGBTQ+ Pride flag in Hamtramck.

    “No such transparent motive to advance religiosity is patent in the resolution entered here, which did not endorse the flying of any banner representing any religious sect or creed, and where the roster of flags prescribed consists exclusively of secular standards of local, state, national, and international entities,” Lawson wrote.

    City attorney Odey K. Meroueh said the decision vindicated the city’s policy.

    “Today’s ruling confirms that Hamtramck has the right to decide what it communicates on its own property,” Meroueh said in a written statement. “The Court’s decision vindicates Mayor Amer Ghalib and the City Council for adopting a neutral policy that treats every group and every viewpoint the same. The plaintiffs were removed from their appointed seats on the Human Relations Commission because they knowingly violated a valid rule while acting in their official roles. This case was about neutral rules, fair enforcement, and responsible city governance, not about suppressing anyone’s speech.”

    The case highlights a growing cultural clash in Hamtramck, where conservative Muslims have teamed up with right-wing groups opposing LGBTQ+ rights. Since the 2023 ban, residents have reported vandalism of Pride flags on private property and growing hostility toward LGBTQ+ people.

    The ordinance reversed a 2021 council vote that allowed the Pride flag to fly outside City Hall. That decision was one of the final acts of then-Mayor Karen Majewski, who lost reelection after Ghalib campaigned against the flag policy.

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    Steve Neavling

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  • Ranger fired for hanging transgender flag in Yosemite

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    A Yosemite National Park ranger was fired after hanging a pride flag from El Capitan while some park visitors could face prosecution under protest restrictions that have been tightened under President Donald Trump.Shannon “SJ” Joslin, a ranger and biologist who studies bats, said they hung a 66-foot wide transgender pride flag on the famous climbing wall that looms over the California park’s main thoroughfare for about two hours on May 20 before taking it down voluntarily. A termination letter they received last week accused Joslin of “failing to demonstrate acceptable conduct” in their capacity as a biologist and cited the May incident.“I was really hurting because there were a lot of policies coming from the current administration that target trans people, and I’m nonbinary,” Joslin, 35, told The Associated Press, adding that hanging the flag was their way of saying, “We’re all safe in national parks.”Joslin said their firing sends the opposite message: “If you’re a federal worker and you have any kind of identity that doesn’t agree with this current administration, then you must be silent, or you will be eliminated.”Park officials on Tuesday said they were working with the U.S. Justice Department to pursue visitors and workers who violated restrictions on demonstrations at the park that had more than 4 million visitors last year.The agencies “are pursuing administrative action against several Yosemite National Park employees and possible criminal charges against several park visitors who are alleged to have violated federal laws and regulations related to demonstrations,” National Park Service spokesperson Rachel Pawlitz said.Joslin said a group of seven climbers including two other park rangers hung the flag. The other rangers are on administrative leave pending an investigation, Joslin said.Flags have long been flown from El Capitan without consequences, said Joanna Citron Day, a former federal attorney who is now with the advocacy group Public Employees For Environmental Responsibility. She said the group is representing Joslin, but there is no pending legal case.On May 21, a day after the flag display, Acting Superintendent Ray McPadden signed a rule prohibiting people from hanging banners, flags or signs larger than 15 square feet in park areas designated as “wilderness” or “potential wilderness.” That covers 94% of the park, according to Yosemite’s website.Park officials said the new restriction was needed to preserve Yosemite’s wilderness and protect climbers.”We take the protection of the park’s resources and the experience of our visitors very seriously, and will not tolerate violations of laws and regulations that impact those resources and experiences,” Pawlitz said.It followed a widely publicized instance in February of demonstrators hanging an upside down American flag on El Capitan to protest the firing of National Park Service employees by the Trump administration.Among the climbers who helped hang the transgender flag was Pattie Gonia, an environmentalist and drag queen who uses the performance art to raise awareness of conservation issues. For the past five years, Gonia has helped throw a Pride event in Yosemite for park employees.She said they hung the transgender flag on the iconic granite monolith to express that being transgender is natural.This year, Trump signed an executive order changing the federal definition of sex to exclude the concept of gender identity. He also banned trans women from competing in women’s sports, removed trans people from the military and limited access to gender-affirming care.Gonia called the firing unjust. Joslin said they hung the flag in their free time, as a private citizen.“SJ is a respected pillar within the Yosemite community, a tireless volunteer who consistently goes above and beyond,” Gonia said.Jayson O’Neill with the advocacy group Save Our Parks said Joslin’s firing appears aimed at deterring park employees from expressing their views as the Trump administration pursues broad cuts to the federal workforce.Since Trump took office, the National Park Service has lost approximately 2,500 employees from a workforce that had about 10,000 people, Wade said. The Republican president is proposing a $900 million cut to the agency’s budget next year.Pawlitz said numerous visitors complained about unauthorized demonstrations on El Capitan earlier in the year.Many parks have designated “First Amendment areas” where groups 25 or fewer people can protest without permits. Yosemite has several of those areas, including one in Yosemite Valley, where El Capitan is located.Park service rules on demonstrations have existed for decades and withstood several court challenges, said Bill Wade, executive director of the Association of National Park Rangers. He was not aware of any changes in how those rules are enforced under Trump.

    A Yosemite National Park ranger was fired after hanging a pride flag from El Capitan while some park visitors could face prosecution under protest restrictions that have been tightened under President Donald Trump.

    Shannon “SJ” Joslin, a ranger and biologist who studies bats, said they hung a 66-foot wide transgender pride flag on the famous climbing wall that looms over the California park’s main thoroughfare for about two hours on May 20 before taking it down voluntarily. A termination letter they received last week accused Joslin of “failing to demonstrate acceptable conduct” in their capacity as a biologist and cited the May incident.

    “I was really hurting because there were a lot of policies coming from the current administration that target trans people, and I’m nonbinary,” Joslin, 35, told The Associated Press, adding that hanging the flag was their way of saying, “We’re all safe in national parks.”

    Joslin said their firing sends the opposite message: “If you’re a federal worker and you have any kind of identity that doesn’t agree with this current administration, then you must be silent, or you will be eliminated.”

    Park officials on Tuesday said they were working with the U.S. Justice Department to pursue visitors and workers who violated restrictions on demonstrations at the park that had more than 4 million visitors last year.

    The agencies “are pursuing administrative action against several Yosemite National Park employees and possible criminal charges against several park visitors who are alleged to have violated federal laws and regulations related to demonstrations,” National Park Service spokesperson Rachel Pawlitz said.

    Joslin said a group of seven climbers including two other park rangers hung the flag. The other rangers are on administrative leave pending an investigation, Joslin said.

    Flags have long been flown from El Capitan without consequences, said Joanna Citron Day, a former federal attorney who is now with the advocacy group Public Employees For Environmental Responsibility. She said the group is representing Joslin, but there is no pending legal case.

    On May 21, a day after the flag display, Acting Superintendent Ray McPadden signed a rule prohibiting people from hanging banners, flags or signs larger than 15 square feet in park areas designated as “wilderness” or “potential wilderness.” That covers 94% of the park, according to Yosemite’s website.

    Park officials said the new restriction was needed to preserve Yosemite’s wilderness and protect climbers.

    “We take the protection of the park’s resources and the experience of our visitors very seriously, and will not tolerate violations of laws and regulations that impact those resources and experiences,” Pawlitz said.

    It followed a widely publicized instance in February of demonstrators hanging an upside down American flag on El Capitan to protest the firing of National Park Service employees by the Trump administration.

    Among the climbers who helped hang the transgender flag was Pattie Gonia, an environmentalist and drag queen who uses the performance art to raise awareness of conservation issues. For the past five years, Gonia has helped throw a Pride event in Yosemite for park employees.

    She said they hung the transgender flag on the iconic granite monolith to express that being transgender is natural.

    This year, Trump signed an executive order changing the federal definition of sex to exclude the concept of gender identity. He also banned trans women from competing in women’s sports, removed trans people from the military and limited access to gender-affirming care.

    Gonia called the firing unjust. Joslin said they hung the flag in their free time, as a private citizen.

    “SJ is a respected pillar within the Yosemite community, a tireless volunteer who consistently goes above and beyond,” Gonia said.

    Jayson O’Neill with the advocacy group Save Our Parks said Joslin’s firing appears aimed at deterring park employees from expressing their views as the Trump administration pursues broad cuts to the federal workforce.

    Since Trump took office, the National Park Service has lost approximately 2,500 employees from a workforce that had about 10,000 people, Wade said. The Republican president is proposing a $900 million cut to the agency’s budget next year.

    Pawlitz said numerous visitors complained about unauthorized demonstrations on El Capitan earlier in the year.

    Many parks have designated “First Amendment areas” where groups 25 or fewer people can protest without permits. Yosemite has several of those areas, including one in Yosemite Valley, where El Capitan is located.

    Park service rules on demonstrations have existed for decades and withstood several court challenges, said Bill Wade, executive director of the Association of National Park Rangers. He was not aware of any changes in how those rules are enforced under Trump.

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  • Trans park ranger who hung Pride flag from El Capitan has been fired

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    A transgender National Park ranger claims they were terminated for flying a 55-by-35-foot transgender Pride flag on El Capitan in Yosemite.

    Shannon Joslin, a biologist and former park ranger, posted on Instagram Monday saying that they were fired from their job as a permanent park ranger last week “for practicing my First Amendment right.”

    www.instagram.com

    Joslin said that they were fired after they hung a large transgender Pride flag from El Capitan, a large rock face in Yosemite National Park in California.

    In the post, they explained that they raised the flag in their free time, “off-duty, as a private citizen,” and that many other protest flags have been displayed on the geographical feature without anyone being punished. Joslin detailed that the flag “flew for a total of two hours in the morning, and then I took it down.”

    “El Capitan has had flags hung on it for decades, and no one has EVER been punished for it. Only me,” Joslin wrote. “I was fired by the temporary Deputy Superintendent for ‘failing to demonstrate acceptable conduct’ in my capacity as a Wildlife Biologist for the park. No part of hanging the flag was done on work time. NOTHING about it had anything to do with my work.”

    Joslin pointed out that they have volunteered overtime hours and worked as a wildland firefighter, a rescue technician, and a first responder, and have never “had negative comments” about their conduct before this incident.

    “Preservation has been my life’s work—of Yosemite, the wildlife, the land, recreation, of people’s rights and safety, of community and acceptance, and now the Constitutional First Amendment,” they said. “I want my rights, and I want my career back.”

    “First of all, this is a direct violation of your First Amendment rights,” drag queen and environmental activist Pattie Gonia commented. “To strip you of your position is not only an affront to your personal freedom but an attack on the very values of service, dedication, and community that you embody to the whole Yosemite community. This is about silencing those who oppose injustice, and we must not let that happen.”

    www.instagram.com

    In a statement to Out, Gonia reiterated that “firing SJ Joslin is a direct violation of their First Amendment rights. This unjust action is not just an attack on SJ, but a targeted move by the Trump administration to silence and punish anyone who practices free speech and dares to stand in defiance of the erasure of trans people. SJ is a respected pillar within the Yosemite community, a tireless volunteer who consistently goes above and beyond to aid in search and rescue efforts, ensuring the safety of visitors in one of the country’s most revered national parks. To strip SJ of their position is not only an affront to their personal freedom but an attack on the very values of service, dedication, and community that SJ embodies. This is about silencing those who oppose injustice and we must not let that happen.”

    Gonia was one of the lead organizers of the action to hang the flag in May with Joslin. “We flew the Trans Pride flag in Yosemite to make a statement: Trans people are natural and Trans people are loved,” Gonia said in a release at the time. “Let this flag fly higher than hate. We are done being polite about trans people’s existence.”

    When the flag was flown, the group Resistance Rangers published an Instagram post saying the banner is “an epic reminder that queer people belong everywhere” and that “nature is for all people.”

    “Within hours, authorities demanded this flag, which did not violate park regulations and was the third protest flag flown on El Cap in recent memory, be removed,” the post says. “References to gender and trans people have been scrubbed from NPS.gov. And they’re digging in deeper against any nuanced understanding of our nation’s history. (A recent secretarial order banned park signs that are negative about either past or living Americans or that fail to emphasize the beauty, grandeur, and abundance of landscapes and other natural features.’)”

    “We’ll continue to shout from the rooftops, hang flags from our iconic landmarks, and demand that public lands stay in public hands — and parks are for everyone,” it continues.

    Under President Donald Trump, the National Park Service has erased pages and information about trans activists like Marsha P. Johnson and Sylvia Rivera from its websites. Signs at the Muir Woods National Monument were also changed to remove historical context about racism and the role women played in the creation of the monument.

    Out has reached out to Joslin for comment.

    This article originally appeared on Out: Trans park ranger who hung Pride flag from El Capitan has been fired

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  • 2 California School Districts Ban LGBTQ+ Pride Flags

    2 California School Districts Ban LGBTQ+ Pride Flags

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    Two school districts in California banned the display of LGBTQ+ pride flags this week, amid ongoing efforts by conservatives to crack down on the LGBTQ+ community’s visibility and civil rights.

    In Southern California, the Temecula Valley Unified School District passed a resolution Tuesday banning all flags except U.S. and state flags, in a meeting that drew a large turnout of parents, teachers and students. “Tensions flared at times,” local news outlet KTLA reported.

    Meanwhile, in the San Francisco Bay Area, chaos broke out as the Sunol Glen Unified School District approved a ban on LGBTQ+ pride flags specifically.

    The Mercury News reported that the entire audience was thrown out of the meeting Tuesday night before board members took a vote, passing the resolution 2-1.

    Some people in the Sunol district are now talking about recalling the conservative board members who backed the measure.

    “A lot of average parents are about to learn a lot more about recall,” parent Matthew Sylvester told The Mercury News.

    The Temecula board passed its resolution by a 3-2 vote. The three board members who voted together — Jen Wiersma, Joseph Komrosky and Danny Gonzalez — all received backing from the Inland Empire Family, a conservative Christian political action committee. In recent months, they have whipped up turmoil in the district with antics including a meeting on whether the district should hire an anti-“critical race theory” consultant, as well as launching a ban on discussion of California civil rights icon Harvey Milk.

    The pride flag bans are part of a larger push by conservative activists to focus their political efforts on local school districts — particularly in California, given the hold Democrats have on the state.

    The Los Angeles-area Chino Valley Unified School District landed itself in hot water this summer by requiring teachers to out transgender students to their parents. California Attorney General Rob Bonta has filed a lawsuit to stop the district. But others have passed similar rules, including Temecula and the nearby Murrieta Valley Unified School District.

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  • Michigan City Bans Pride Flags From Public Property

    Michigan City Bans Pride Flags From Public Property

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    HAMTRAMCK, Mich. (AP) — A Detroit-area community has banned LGBTQ+ flags from publicly owned flagpoles after a tense hourslong meeting that raised questions about discrimination, religion and the city’s reputation for welcoming newcomers.

    In protest, a woman speaking during the public comment portion of the Hamtramck City Council meeting kissed a woman standing next to her Tuesday night.

    “You guys are welcome,” council member Nayeem Choudhury said. “(But) why do you have to have the flag shown on government property to be represented? You’re already represented. We already know who you are.”

    Some members of the all-Muslim council said the pride flag clashes with the beliefs of some members of their faith. Businesses and residents aren’t prohibited from displaying a pride flag on their own property.

    “We want to respect the religious rights of our citizens,” Choudhury said.

    Hamtramck, population 27,000, is an enclave surrounded by Detroit. More than 40% of residents were born in other countries, according to the U.S. Census Bureau, and a significant share are of Yemeni or Bangladeshi descent.

    The council voted unanimously to display only five flags, including the American flag, the Michigan flag and one that represents the native countries of immigrant residents.

    Mayor Amer Ghalib made the flag a campaign issue when then-Mayor Karen Majewski flew one on city property in 2021.

    “We serve everybody equally with no discrimination but without favoritism,” he said.

    Hayley Cain said she chose to live in Hamtramck after moving from California because it was known as a diverse community.

    “I’m questioning whether it is. … The pride flag represents making space for all humans on all the spectrums, and this is where we’re going as a human species,” Cain said. “You can’t stop that.”

    Dawud Walid, director of the Michigan branch of the Council on American-Islamic Relations, a civil rights advocacy group, said Hamtramck’s strict flag policy doesn’t discriminate against anyone.

    “If there was one group that was not being granted access to something while others were then we would have a problem,” Walid said.

    He said some Muslims who oppose an LGBTQ+ flag are no different than conservative members of other religions with similar views.

    “Flags carry symbolism. Those symbols carry social and political messages,” Walid said.

    Detroit City FC, a professional soccer team that draws thousands of fans to games in Hamtramck, called the council’s decision “inexcusable.”

    “Pride flags send a powerful message that all are welcome and that the community values diversity,” the team said on Twitter.

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