But according to the lawsuit, neither the Department of the Interior policy on flag displays nor the administration’s January directive require the removal of the Pride flag.
“The Policy permits officials to ‘authorize the flying of flags and pennants, other than [U.S. and DOI flags], as appropriate, provided flags and flagpole space are available for this purpose” and “the Directive provides an exemption for flags that ‘provide historical context,’” according to the complaint. “Under the policies that they are purporting to be implementing, Defendants had discretion to allow the Pride flag to be displayed at the Stonewall memorial.”
“This was no careless mistake. The government has not removed other historical flags at other national monuments, most notably Confederate flags,” that lawsuit alleges. “Meanwhile, the assault on Stonewall is the latest example in a long line of efforts by the Trump Administration to target the LGBTQ+ community for discrimination and opprobrium.”
The complaint cites several examples over the past year, including the administration’s removal of any mention of trans people from its website for the Stonewall Monument, its deletion of NPS websites covering LGBTQ+ history, the firing of an FBI employee allegedly for displaying a Pride flag at his desk, and the renaming of the a ship previously named after trailblazing gay politician Harvey Milk.
“These actions alone support a strong inference of animus against the LGBTQ+ community and that Defendants’ reasons for removing the flag were pretextual,” the lawsuit argues. “Because Defendants’ reasons were pretextual and based on an impermissible reason, i.e., animus toward the LGBTQ+ community, they are arbitrary and capricious.”
The lawsuit notes that while local lawmakers restored a Pride flag in Christopher Park last week, “Defendants have not restored the NPS-sanctioned Pride flag” and “continue to prohibit its display.”
The Gilbert Baker Foundation and other plaintiffs are asking the court to issue an order requiring the administration to restore the officially sanctioned Pride flag to the monument and to permanently enjoin the administration from removing it without, at minimum, taking into account the effect such a change would have, in accordance with the National Historic Preservation Act.
“The government’s decision is deeply disturbing and is just the latest example of the Trump administration targeting the LGBTQ+ community,” Alexander Kristofcak, a lawyer for the plaintiffs, said according to Courthouse News Service. “At best, the government misread its regulations. At worst, the government singled out the LGBTQ+ community. Either way, its actions are unlawful.”
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