Carrie Jones

May 27, 2026

The Bar Harbor Story is generously sponsored by Bar Harbor Bicycle Shop.

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ACADIA NATIONAL PARK—David A. Smith, a law enforcement ranger at Acadia National Park, has sued the federal government in U.S. District Court.

In the May 20 lawsuit, the Bar Harbor resident said that be was passed over from positions because of his race and his age.

Smith is Abanaki. He was also over 40 during the years of the complaint. Smith has been a law enforcement ranger since 1998.

The case is brought against the U.S. Department of Interior Secretary Doug Burgum and National Park Service Director Jessica Bowron under the Civil Rights Act of 1964.

The lawsuit reflects Smith’s time at the park between 2017 to 2022. During this time, he participated in work with the park’s Road Maintenance Division during the off season.

“Historically, from December 1st of each fall into March 30th of the following spring attendance by visitors to Acadia National Park (Acadia) plummets, and it is during the winter season where snow removal, felling of timber, and roads maintenance is often in need of any qualified NPS personnel, regardless of position description or working title to assist the full-time maintenance workers,” the complaint reads. “Since at least 2017 until 2025 plaintiff would seasonally perform work in varying positions that fall under the Roads Maintenance Division.”

Smith had hoped to transfer to that division. Law enforcement park rangers have to retire at 57. To avoid that forced and mandatory retirement, they sometimes transition to other jobs within the the park service.

According to the suit, Smith told the division supervisor of his hope to work there.

Eventually three jobs became available. He applied to each.

Each job was given to people under 40 who were white, he said.

The supervisor of that division is white and also over 40.

“Plaintiff discovered that Supervisor Allison had not made any competitive selection to these positions but had simply detailed the three individuals who are not members of any of plaintiff’s protected categories (Native American, over 40 years of age, prior EEO activity) into the three Roads Maintenance positions,” the suit reads.

EEO stands for equal employment opportunity.

Initially, in 2021, Smith brought forward a formal complaint of discrimination to the Park Service. According to the suit, the Department of the Interior investigated. Allison told the investigators that he did not know Smith’s race.

Eventually, there were two more positions available in the division. Again, Smith applied.

“The announcement had several conditions and/or limitations in order for a candidate to be considered for selection. One condition was that the incumbent must “possess and maintain a Class B Commercial Driver License” and it restricted eligible candidates to ‘ALL WITHIN THE LOCAL COMMUTING DISTANCE OF BAR HARBORE (sic Bar Harbor), MAINE,’” the suit reads.

At the time of the opening, Smith said he lived in Bar Harbor, had that Class B license and “held all of the knowledge, skills and abilities to fill the position of engineering equipment operator leader.”

The initial hiring process, according to the suit, was cancelled, and then restarted and sent to a larger application pool. Smith said that he’d been a qualified candidate in that initial process, had applied, and that he was discriminated against.

The suit also states that there was a pattern of discrimination that began in the Federal Law Enforcement Training Center (FLETC).

“For most of his adult life, plaintiff (Smith) has worn his hair to below shoulder level, usually reaching to the length of his scapula. In Abanaki spiritual tradition, a male’s length of hair symbolizes bravery and one’s spiritual connectivity to their Native American heritage. The defendant’s superintendent overseeing FLETC training in the fall of 2000 was Patrick Henry (Superintendent Henry) and upon observing plaintiff’s ‘long hair’ he directed plaintiff to either cut his hair or to be turned back to his post of duty at Acadia National Park,” the suit reads.

Smith left. He filed a request for a reasonable religious accommodation. The request was granted and he returned to federal law enforcement training in 2001.

In 2024 the EEOC dismissed Smith’s complaint based on the hiring process for the other division. Smith appealed the next year. He was advised in December 2025, after the OFO (Office of Federal Operations) found non-discrimination, that he could file a civil action within 90 days. He filed in late February 2026.

In the lawsuit, he asks for claims of relief based on racial discrimination, age discrimination, and retaliatory discrimination. Among other items, Smith has asked for a jury trial, retroactive promotion, back wages with interest, accrued leave reinstated and compensatory and special damages, plus attorney’s fees.

Smith is represented by Glenn Israel of Bernstein Shur. A GoFundMe created to support Smith’s legal efforts, which was linked to by The Quietside Journal in a series of January 2026 articles, has been paused.

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LINKS TO LEARN MORE

Smith V Burgum And Bowron

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