Gilbert Baker Foundation v. U.S. Department of the Interior

Lambda Legal and Washington Litigation Group filed this case in the U.S. District Court for the Southern District of New York. We are challenging the National Park Service’s removal of the Pride flag from Stonewall National Monument. We represent the Gilbert Baker Foundation, Charles Beal, Village Preservation, and EQNY Fund, Inc., all of whom we argue were harmed by the flag’s removal.

Our challenge is based on our argument that in removing the Pride flag, the National Park Service and Department of the Interior violated the Administrative Procedure Act (APA) by failing to comply with their own policies, which allow flags to be flown at national monuments that provide historical context, and having no real reason for the flag’s removal other than the Trump Administration’s animus toward LGBTQ+ people. We also allege that they violated the APA by acting contrary to the Presidential Proclamation that established the Stonewall National Monument and by failing to consult with relevant state officials and the public before acting, as required by the National Historic Preservation Act.

We are asking the court to return the flag to its rightful place at Stonewall National Monument, and to permanently stop the National Park Service from improperly removing the flag in the future