Case: Gilbert Baker Foundation v. U.S. Department of Interior

1:26-cv-01317 | U.S. District Court for the Southern District of New York

Filed Date: Feb. 17, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

Plaintiffs Gilbert Baker Foundation, Charles Beal, Village Preservation, and Equality New York filed this lawsuit against the U.S. Department of the Interior and the National Park Service on February 17, 2026, in the U.S. District Court for the Southern District of New York. They alleged that Defendants violated the APA by arbitrarily and capriciously removing the official NPS-sanctioned Pride flag from the Stonewall National Monument and by misinterpreting their own flag-display policies. They…

Plaintiffs Gilbert Baker Foundation, Charles Beal, Village Preservation, and Equality New York filed this lawsuit against the U.S. Department of the Interior and the National Park Service on February 17, 2026, in the U.S. District Court for the Southern District of New York. They alleged that Defendants violated the APA by arbitrarily and capriciously removing the official NPS-sanctioned Pride flag from the Stonewall National Monument and by misinterpreting their own flag-display policies. They further alleged that the removal was contrary to Presidential Proclamation 9465 and the Monument’s Foundation Document, and that Defendants violated Section 106 of the National Historic Preservation Act by failing to consult before taking an action that adversely affected a historic property. Plaintiffs sought declaratory and injunctive relief vacating the removal decision, restoring the official Pride flag, and enjoining further noncompliant actions.

The case was assigned to Judge Jennifer L. Rochon, with Magistrate Judge Barbara C. Moses designated to handle matters that may be referred. With Defendants having been served, parties' pretrial conference is now scheduled for April 8, 2026.

This case is ongoing.

Summary Authors

Ben Hefter (2/27/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72285959/parties/gilbert-baker-foundation-v-us-department-of-interior/


Attorney for Plaintiff

Curtis, Douglas Frank (New York)

Foster, Sydney (New York)

Gonzalez-Pagan, Omar (New York)

Jr, Kenneth D (New York)

Kristofcak, Alexander (New York)

Attorney for Defendant

show all people

Documents in the Clearinghouse

Document
1

1:26-cv-01317

Complaint

Baker v. U.S. Department of the Interior

Feb. 17, 2026

Feb. 17, 2026

Complaint
36

1:26-cv-01317

Stipulation of Voluntary Dismissal

April 13, 2026

April 13, 2026

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72285959/gilbert-baker-foundation-v-us-department-of-interior/

Last updated April 20, 2026, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Jessica Bowron, Doug Burgum, National Park Service, Amy Sebring, U.S. Department of Interior. (Filing Fee $ 405.00, Receipt Number ANYSDC-32419306)Document filed by Village Preservation, Charles Beal, EQNY Fund Inc. d/b/a/ Equality New York, Gilbert Baker Foundation. (Attachments: # 1 Exhibit A: September 17, 2021 Letter from M. Petrelis to G. Vietzke, # 2 Exhibit B: January 21, 2026 Directive re Display and Flying of Non-Agency Flags, # 3 Exhibit C: June 23, 2017 Department of Interior Manual, Part 310, Chapter 5, # 4 Exhibit D: May 2019 Stonewall National Monument Foundation Document).(Kristofcak, Alexander) (Entered: 02/17/2026)

1 Exhibit A: September 17, 2021 Letter from M. Petrelis to G. Vietzke

View on RECAP

2 Exhibit B: January 21, 2026 Directive re Display and Flying of Non-Agency Flags

View on RECAP

3 Exhibit C: June 23, 2017 Department of Interior Manual, Part 310, Chapter 5

View on RECAP

4 Exhibit D: May 2019 Stonewall National Monument Foundation Document

View on RECAP

Feb. 17, 2026

Feb. 17, 2026

Clearinghouse
2

CIVIL COVER SHEET filed..(Kristofcak, Alexander) (Entered: 02/17/2026)

Feb. 17, 2026

Feb. 17, 2026

3

REQUEST FOR ISSUANCE OF SUMMONS as to U.S. DEPARTMENT OF INTERIOR, re: 1 Complaint,,. Document filed by Charles Beal, EQNY Fund Inc. d/b/a/ Equality New York, Gilbert Baker Foundation, Village Preservation..(Kristofcak, Alexander) (Entered: 02/17/2026)

Feb. 17, 2026

Feb. 17, 2026

4

REQUEST FOR ISSUANCE OF SUMMONS as to DOUG BURGUM, re: 1 Complaint,,. Document filed by Charles Beal, EQNY Fund Inc. d/b/a/ Equality New York, Gilbert Baker Foundation, Village Preservation..(Kristofcak, Alexander) (Entered: 02/17/2026)

Feb. 17, 2026

Feb. 17, 2026

5

REQUEST FOR ISSUANCE OF SUMMONS as to NATIONAL PARK SERVICE, re: 1 Complaint,,. Document filed by Charles Beal, EQNY Fund Inc. d/b/a/ Equality New York, Gilbert Baker Foundation, Village Preservation..(Kristofcak, Alexander) (Entered: 02/17/2026)

Feb. 17, 2026

Feb. 17, 2026

6

REQUEST FOR ISSUANCE OF SUMMONS as to JESSICA BOWRON, re: 1 Complaint,,. Document filed by Charles Beal, EQNY Fund Inc. d/b/a/ Equality New York, Gilbert Baker Foundation, Village Preservation..(Kristofcak, Alexander) (Entered: 02/17/2026)

Feb. 17, 2026

Feb. 17, 2026

7

NOTICE OF APPEARANCE by Karen Loewy on behalf of Charles Beal, EQNY Fund Inc. d/b/a/ Equality New York, Gilbert Baker Foundation, Village Preservation..(Loewy, Karen) (Entered: 02/17/2026)

Feb. 17, 2026

Feb. 17, 2026

8

REQUEST FOR ISSUANCE OF SUMMONS as to AMY SEBRING, re: 1 Complaint,,. Document filed by Charles Beal, EQNY Fund Inc. d/b/a/ Equality New York, Gilbert Baker Foundation, Village Preservation..(Kristofcak, Alexander) (Entered: 02/17/2026)

Feb. 17, 2026

Feb. 17, 2026

9

NOTICE OF APPEARANCE by Alexander Kristofcak on behalf of Charles Beal, EQNY Fund Inc. d/b/a/ Equality New York, Gilbert Baker Foundation, Village Preservation..(Kristofcak, Alexander) (Entered: 02/17/2026)

Feb. 17, 2026

Feb. 17, 2026

10

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Kenneth D. Upton, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32424840. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charles Beal, EQNY Fund Inc. d/b/a/ Equality New York, Gilbert Baker Foundation, Village Preservation. (Attachments: # 1 Affidavit of Kenneth D. Upton, Jr., # 2 Exhibit OK Certificate of Good Standing, # 3 Exhibit TX Certificate of Good Standing, # 4 Exhibit DC Certificate of Good Standing, # 5 Exhibit IL Certificate of Good Standing, # 6 Proposed Order Proposed Order).(Upton, Kenneth) Modified on 2/18/2026 (bc). (Entered: 02/18/2026)

Feb. 18, 2026

Feb. 18, 2026

11

ELECTRONIC SUMMONS ISSUED as to U.S. Department of Interior. (sj) (Entered: 02/18/2026)

Feb. 18, 2026

Feb. 18, 2026

12

ELECTRONIC SUMMONS ISSUED as to Doug Burgum. (sj) (Entered: 02/18/2026)

Feb. 18, 2026

Feb. 18, 2026

13

ELECTRONIC SUMMONS ISSUED as to National Park Service. (sj) (Entered: 02/18/2026)

Feb. 18, 2026

Feb. 18, 2026

14

ELECTRONIC SUMMONS ISSUED as to Jessica Bowron. (sj) (Entered: 02/18/2026)

Feb. 18, 2026

Feb. 18, 2026

15

ELECTRONIC SUMMONS ISSUED as to Amy Sebring. (sj) (Entered: 02/18/2026)

Feb. 18, 2026

Feb. 18, 2026

16

NOTICE OF INITIAL PRETRIAL CONFERENCE: The Court will hold the conference via Teams video. Counsel shall submit an appearance sheet pursuant to the Court's Individual Rule 2.B and will receive login credentials at the email addresses provided. The public listen-only line may be accessed by dialing Phone Number: 646-453-4442 | Phone Conference ID: 638 270 692#. SO ORDERED. Initial Conference set for 5/7/2026 at 10:30 AM before Judge Jennifer L. Rochon. (Signed by Judge Jennifer L. Rochon on 2/18/2026) (jca) (Entered: 02/18/2026)

Feb. 18, 2026

Feb. 18, 2026

17

CERTIFICATE OF SERVICE of Summons and Complaint,, served. Jessica Bowron served on 2/18/2026, answer due 4/20/2026; Doug Burgum served on 2/18/2026, answer due 4/20/2026; National Park Service served on 2/18/2026, answer due 4/20/2026; Amy Sebring served on 2/18/2026, answer due 4/20/2026; U.S. Department of Interior served on 2/18/2026, answer due 4/20/2026. Service was made by CERTIFIED MAIL. Document filed by Village Preservation; Charles Beal; EQNY Fund Inc.; Gilbert Baker Foundation..(Kristofcak, Alexander) (Entered: 02/18/2026)

Feb. 18, 2026

Feb. 18, 2026

18

CERTIFICATE OF SERVICE of Notice of Initial Pretrial Conference, ECF No. 16, served on Defendants (via the U.S. Attorney's Office for the Southern District of New York) on 02/18/2026. Service was made by EMAIL. Document filed by Charles Beal, EQNY Fund Inc., Gilbert Baker Foundation, Village Preservation..(Kristofcak, Alexander) (Entered: 02/18/2026)

Feb. 18, 2026

Feb. 18, 2026

Case Opening Initial Assignment Notice

Feb. 18, 2026

Feb. 18, 2026

Notice Regarding Deficient Motion to Appear Pro Hac Vice

Feb. 18, 2026

Feb. 18, 2026

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 10 MOTION for Kenneth D. Upton, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32424840. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Illinois, not disciplinary letter;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bc)

Feb. 18, 2026

Feb. 18, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj)

Feb. 18, 2026

Feb. 18, 2026

Magistrate Judge Barbara C. Moses is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj)

Feb. 18, 2026

Feb. 18, 2026

Case Designated ECF. (sj)

Feb. 18, 2026

Feb. 18, 2026

19

NOTICE OF APPEARANCE by Omar Gonzalez-Pagan on behalf of Charles Beal, EQNY Fund Inc., Gilbert Baker Foundation, Village Preservation..(Gonzalez-Pagan, Omar) (Entered: 02/19/2026)

Feb. 19, 2026

Feb. 19, 2026

20

ORDER: Given that Defendants have now been served, Dkt. 17, the parties' Initial Pretrial Conference shall be rescheduled from May 8, 2026, to April 8, 2026, at 10:30 a.m. Additionally, the Conference shall now be held in-person in Courtroom 20B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York, 10007. As a reminder, in accordance with Paragraph 2.D of the Courts Individual Rules and Practices, the parties must file on ECF a joint letter, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than ten calendar days before the conference date. See Dkt. 16. SO ORDERED. Initial Conference set for 4/8/2026 at 10:30 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon. (Signed by Judge Jennifer L. Rochon on 2/20/2026) (jca) (Entered: 02/20/2026)

Feb. 20, 2026

Feb. 20, 2026

21

NOTICE OF APPEARANCE by Jennifer C Pizer on behalf of Charles Beal, EQNY Fund Inc., Gilbert Baker Foundation, Village Preservation..(Pizer, Jennifer) (Entered: 02/20/2026)

Feb. 20, 2026

Feb. 20, 2026

22

NOTICE OF APPEARANCE by Camilla Bronwen Taylor on behalf of Charles Beal, EQNY Fund Inc., Gilbert Baker Foundation, Village Preservation..(Taylor, Camilla) (Entered: 02/24/2026)

Feb. 24, 2026

Feb. 24, 2026

23

MOTION for Kenneth Dale Upton, Jr. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charles Beal, EQNY Fund Inc., Gilbert Baker Foundation, Village Preservation. (Attachments: # 1 Affidavit of Kenneth D. Upton, Jr., # 2 Exhibit OK Certificate of Good Standing, # 3 Exhibit TX Certificate of Good Standing, # 4 Exhibit DC Certificate of Good Standing, # 5 Exhibit IL Certificate of Good Standing, # 6 Proposed Order Proposed Order).(Upton, Kenneth) (Entered: 03/03/2026)

March 3, 2026

March 3, 2026

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 23 MOTION for Kenneth Dale Upton, Jr. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)

March 4, 2026

March 4, 2026

Notice Regarding Pro Hac Vice Motion

March 4, 2026

March 4, 2026

24

ORDER FOR ADMISSION PRO HAC VICE granting 23 Motion for Kenneth Dale Upton, Jr to Appear Pro Hac Vice. (Signed by Judge Jennifer L. Rochon on 3/5/2026) (rro) Transmission to Attorney Services/Help Desk. (Entered: 03/05/2026)

March 5, 2026

March 5, 2026

25

MOTION for Sydney Foster to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32501944. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charles Beal, EQNY Fund Inc., Gilbert Baker Foundation, Village Preservation. (Attachments: # 1 Affidavit Affidavit of Sydney Foster, # 2 Exhibit DC Bar Certificate, # 3 Proposed Order Proposed Order).(Foster, Sydney) (Entered: 03/05/2026)

March 5, 2026

March 5, 2026

Notice Regarding Pro Hac Vice Motion

March 5, 2026

March 5, 2026

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 25 MOTION for Sydney Foster to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-32501944. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)

March 5, 2026

March 5, 2026

26

NOTICE OF APPEARANCE by Douglas Frank Curtis on behalf of Charles Beal, EQNY Fund Inc., Gilbert Baker Foundation, Village Preservation..(Curtis, Douglas) (Entered: 03/06/2026)

March 6, 2026

March 6, 2026

27

NOTICE OF APPEARANCE by Kenneth D Upton, Jr on behalf of Charles Beal, EQNY Fund Inc., Gilbert Baker Foundation, Village Preservation..(Upton, Kenneth) (Entered: 03/06/2026)

March 6, 2026

March 6, 2026

28

ORDER FOR ADMISSION PRO HAC VICE granting 25 Motion to Appear Pro Hac Vice. The motion of Sydney Foster for admission to practice Pro Hac Vice in the above-captioned action is granted. (Signed by Judge Jennifer L. Rochon on 3/6/2026) (jca) (Entered: 03/06/2026)

March 6, 2026

March 6, 2026

Transmission to Attorney Services/Help Desk

March 6, 2026

March 6, 2026

Transmission to Attorney Services/Help Desk. Transmitted re: 28 Order on Motion to Appear Pro Hac Vice,, to Attorney Services/Help Desk for case processing. (jca)

March 6, 2026

March 6, 2026

29

NOTICE OF APPEARANCE by Sydney Foster on behalf of Charles Beal, EQNY Fund Inc., Gilbert Baker Foundation, Village Preservation..(Foster, Sydney) (Entered: 03/09/2026)

March 9, 2026

March 9, 2026

30

NOTICE OF APPEARANCE by Jeffrey Stuart Oestericher on behalf of Jessica Bowron, Doug Burgum, National Park Service, Amy Sebring, U.S. Department of Interior..(Oestericher, Jeffrey) (Entered: 03/26/2026)

March 26, 2026

March 26, 2026

31

LETTER MOTION for Extension of Time to File joint letter and proposed civil case management plan and scheduling order addressed to Judge Jennifer L. Rochon from AUSA Jeffrey Oestericher dated 03/26/2026. Document filed by Jessica Bowron, Doug Burgum, National Park Service, Amy Sebring, U.S. Department of Interior..(Oestericher, Jeffrey) (Entered: 03/26/2026)

March 26, 2026

March 26, 2026

32

ORDER granting 31 Letter Motion for Extension of Time to File. Request GRANTED. The parties' deadline to submit their joint letter and proposed Civil Case Management Plan and Scheduling Order is extended to March 31, 2026. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 3/27/2026) (jca) (Entered: 03/27/2026)

March 27, 2026

March 27, 2026

33

CONSENT LETTER MOTION for Extension of Time to File Joint Letter and Proposed Civil Case Management Plan and Scheduling Order addressed to Judge Jennifer L. Rochon from AUSA Jeffrey Oestericher dated 03/31/2026. Document filed by Jessica Bowron, Doug Burgum, National Park Service, Amy Sebring, U.S. Department of Interior..(Oestericher, Jeffrey) (Entered: 03/31/2026)

March 31, 2026

March 31, 2026

34

ORDER granting 33 Letter Motion for Extension of Time to File. Request GRANTED. The parties' Initial Pretrial Conference shall be adjourned from April 8, 2026, to April 29, 2026, at 3:30 p.m. In accordance with Paragraph 2.D of the Court's Individual Rules and Practices, the parties must file on ECF a joint letter, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than ten calendar days before the conference date. SO ORDERED.. (Signed by Judge Jennifer L. Rochon on 4/1/2026) (jca) (Entered: 04/01/2026)

April 1, 2026

April 1, 2026

Set/Reset Hearings: Initial Conference set for 4/29/2026 at 03:30 PM before Judge Jennifer L. Rochon. (jca)

April 1, 2026

April 1, 2026

35

PROPOSED STIPULATION AND ORDER. Document filed by Charles Beal, EQNY Fund Inc., Gilbert Baker Foundation, Village Preservation..(Kristofcak, Alexander) (Entered: 04/13/2026)

April 13, 2026

April 13, 2026

RECAP
36

STIPULATION OF VOLUNTARY DISMISSAL: IT IS THEREFORE STIPULATED AND AGREED, by and between the parties, through their respective counsel, that the Action shall be settled and compromised on the following terms and conditions: 1. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), this Action is voluntarily dismissed with prejudice, and without costs, fees, disbursements, or expenses to any party. 2. Within seven (7) days of the filing of this Stipulation, NPS shall hang three equally sized, three feet by five feet flags on the flagpole at Stonewall. NPS will hang the American flag at the top of the flagpole in accordance with current guidance, and below the American flag, on either side, NPS will hang the rainbow Pride and NPS flags. 3. The parties understand and agree that this Stipulation contains the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall have any force or effect. 4. The Court shall retain jurisdiction over this Action for the purpose of enforcing the terms of this Stipulation. The Clerk of Court is respectfully directed to CLOSE this case. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 4/13/2026) (jca) (Entered: 04/13/2026)

April 13, 2026

April 13, 2026

Clearinghouse

Case Details

State / Territory:

New York

Case Type(s):

Public Accommodations/ Contracting/ Organizational Discrimination

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Feb. 17, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Nonprofit organizations dedicated to the memorialization of LGBTQ+ history, figures, and the preservation of West village architecture.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Department of the Interior

U.S. National Parks Service

Defendant Type(s):

Parks

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Other Dockets:

Southern District of New York 1:26-cv-01317

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Discrimination Basis:

Sexual orientation

LGBTQ+:

LGBTQ+

Recommended Citation