Nobody had ever been disciplined before, much less fired and subject to criminal investigation,” said Paula Dinerstein, senior counsel at Public Employees for Environmental Responsibility, which is representing Joslin.
The question of whether or not it was a demonstration also doesn’t matter, Dinerstein said, because Joslin’s First Amendment rights were violated.
“Our claim is that the only reason that SJ and their fellow climbers were singled out was because of the message affirming transgender rights,” she said.