Settlement Confirms Pride Flag Falls Within Federal Policy; NPS Must Rehang Flag Within Seven Days
Lambda Legal and Washington Litigation Group announced today that their clients—Gilbert Baker Foundation, Village Preservation, and Equality New York—secured a court-enforceable settlement that requires the National Park Service (“NPS”) to restore the Pride flag at the Stonewall National Monument in New York City.
In February, the federal government removed the Pride flag from the Stonewall National Monument, the first national monument dedicated to LGBTQ+ rights and history. The government claimed that the removal was necessary to comply with official policy. Just eight days later, Lambda Legal and WLG sued, arguing that the government’s actions illegally targeted the LGBTQ+ community because the government’s policy contains an exemption for flags that provide historical context—just like the Pride flag does at Stonewall.
In the settlement, the government agrees to rehang the Pride flag on the monument’s official flagpole within seven days and maintain it permanently. Critically, the agreement confirms that the Pride flag falls within the law and NPS policy, vindicating the central argument plaintiffs made in the suit. The parties also agreed that the court will retain jurisdiction to enforce the stipulation.
“The sudden, arbitrary, and capricious removal of the Pride flag from the Stonewall National Monument was yet another act by this administration to erase the LGBTQ+ community,” said Karen Loewy, co-counsel for plaintiffs and Senior Counsel & Director of Constitutional Law Practice, Lambda Legal. “Today, the government has pledged to restore this important symbol back to where it belongs.”
“This is a complete victory for our clients and for the LGBTQ+ community,” said Alexander Kristofcak, lead counsel for plaintiffs and a lawyer with Washington Litigation Group. “The government has acknowledged what we argued from day one: the Pride flag belongs at Stonewall. The flag will be restored and it will fly officially and permanently. And we will remain vigilant to ensure that the government sticks to the deal.”
“Gilbert Baker created the Rainbow Pride flag as a symbol of hope and liberation,” said Charles Beal, President of The Gilbert Baker Foundation. “Today, that symbol is restored to the place where it belongs, standing watch over the birthplace of the modern LGBTQ+ rights movement.”
“The government tried to erase an important symbol of the LGBTQ+ community, and the community said no,” said Amanda Babine, Executive Director of Equality New York. “Today’s accomplishment proves that when we stand together and fight back, we win.”
“The removal of the Pride flag from Stonewall was an attempt to erase LGBTQ+ history and undermine the rule of law,” said Andrew Berman, Executive Director of Village Preservation. “This settlement restores both.”
With Karen L. Loewy on the complaint are, Douglas F. Curtis, Camilla B. Taylor, Omar Gonzalez-Pagan, Kenneth D. Upton, Jr., Jennifer C. Pizer, and Nephetari Smith from Lambda Legal. With Alexander Kristofcak* on the complaint are Mary L. Dohrmann, Sydney Foster, Kyle Freeny, James I. Pearce, and Nathaniel Zelinsky from WLG.