The Pride flag’s removal from New York’s Stonewall National Monument by the Trump administration without first notifying the public or considering the ramifications for the historic property violated federal law, according to a federal lawsuit filed in Manhattan on Tuesday.
The federal government removed the flag on Feb. 9, saying it was necessary to comply with Department of Interior and National Park Service policies that only allow the US flag, federal agency flags, and flags commemorating prisoners of war in national parks. A group of community organizations say in their lawsuit that no such requirement exists.
“In fact, the opposite is true: The policies the government says require removing the Pride flag expressly permit the NPS to fly other flags that provide historical context to national monuments—which is precisely what the NPS official Pride flag did at Stonewall for many years,” the complaint says.
The flag’s removal is “a textbook example of an arbitrary and capricious action” that violates the Administrative Procedure Act, the complaint continues.
Ongoing Injury
The Department of Interior’s guidance on flying non-agency flags within the National Park System includes an exemption for flags that “provide historical context.” It’s unclear why the Pride flag doesn’t qualify for the exemption since Stonewall is specifically designated to commemorate LGBTQ+ history, the complaint says.
Plaintiffs point out that this is the second time the Trump administration has targeted LGBTQ+ recognition at Stonewall, and they say it’s part of a broader pattern of targeting the community across the country.
“The pattern demonstrates that the stated justifications for removal of the Pride flag are pretextual and that the true basis for the government’s actions is targeting LGBTQ+ people and LGBTQ+ history, not a neutral application of policies,” the complaint says.
Activists and local politicians on Feb. 12 raised an unofficial Rainbow Pride flag at Stonewall that doesn’t contain the park service logo or text that says the monument’s name and date it was established. The federal government hasn’t authorized the display of the unofficial flag, nor has it rescinded its decision to remove the official flag.
The removal of the official flag continues to injure plaintiffs, including the Gilbert Baker Foundation that aims to protect the legacy of the Rainbow Pride flag and promote the history of the flag. They have no other “adequate remedy at law,” the complaint says.
“This political pageantry shows how utterly incompetent and misaligned the New York City officials and New York’s congressional representatives are with the problems their city is facing,” a Department of Interior spokesperson said.
The Department of the Interior was also sued Tuesday over the removal of signs that detailed climate threats and memorialized the history of marginalized communities. And on Monday, the Trump administration was ordered to restore displays with references to slavery at the President’s House site in Philadelphia.
Washington Litigation Group and Lambda Legal Defense and Education Fund Inc. represent the plaintiffs.
The case is Gilbert Baker Found. v. U.S. Dep’t of Interior, S.D.N.Y., No. 1:26-cv-01317, complaint 2/17/26.
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