James, NYCLU File Lawsuit over Nassau’s Newly Enacted Transgender Sports Ban

(Photo: Nassau County Legislature) Nassau County Executive Bruce Blakeman announces the signing of a new law that prohibits transgender athletes from playing girls' and women's sports at county-run parks and facilities. Attorney General Letitia James and the New York Civil Liberties Union have since filed a lawsuit against Blakeman or Nassau County.

By Hank Russell

Soon after Nassau County Executive Bruce Blakeman signed a bill into law that bans transgender girls and women from playing girls’ and women’s sports events at county-run facilities and parks, New York State Attorney General Letitia James and the New York Civil Liberties Union (NYCLU) filed a lawsuit against Blakeman and Nassau County.

According to James’ office, the law directly conflicts with New York State Human Rights Law, which protects New Yorkers from discrimination based on their gender identity or expression. With this lawsuit, Attorney General James seeks a court order striking down the law and preventing Nassau County from attempting to enforce it.

On July 15, Blakeman signed Local Law 121-24, entitled “Fairness for Women and Girls in Sports,” which excludes transgender girls and women from participating in any girls’ and women’s sports, leagues, organizations, teams, or programs held at any public facility or venue in Nassau County. The law:

  • Requires any team or league attempting to use Nassau County facilities to “expressly designate” itself as “male, female, or coed” in accordance with athletes’ “biological sex at birth;”
  • Prohibits the Nassau County Department of Parks, Recreation, and Museums from issuing permits to any girls’ or women’s sports team with transgender players; and
  • Defines gender as “the individual’s biological sex at birth.”

During a press conference, Blakeman announced the signing of Local Law 121-24. “This is a landmark legislation that will protect the integrity of women’s sports, the fairness of women’s sports and the safety of women’s sports,” he said. “I’m just so happy that the Legislature has joined us in this effort.”

Blakeman said he has heard opposing views on the bill. “That’s fair,” he said. “But it’s a matter of fairness and a matter of integrity.” He also said he has gotten support from those who identify as transgender. 

Legislator Samantha Goetz (R-Locust Valley), who sponsored the bill, said at the press conference, “Women have been fighting for a very long time for their place in sports. I am so glad that they now have the opportunity to compete fairly and safely. … It’s a good day today for the women in Nassau County.”

He pointed out that Kaityln Jenner — previously known as Olympian Bruce Jenner before he transitioned to a female — supported the bill. “So this is not about transgender rights, it’s about fairness to women and fairness to competition.”

As previously reported in Long Island Life & Politics, Blakeman issued an executive order banning transgender athletes from playing girls’ and women’s sports. The NYCLU and the Long Island Roller Rebels sued Blakeman and the executive order was struck down in Nassau County Supreme Court. Blakeman then sued James to prevent the executive order from being rescinded.

“With this law, Nassau County is once again attempting to exclude transgender girls and women from participating in sporting events while claiming to support fairness,” James said.

“The Nassau County legislature has done a disservice to New Yorkers by joining County Executive Blakeman’s efforts to shut transgender women and girls out of sports,” said Donna Lieberman, executive director of the New York Civil Liberties Union. “Blakeman’s anti-trans executive order was a blatant violation of our state’s civil and human rights laws, and so is the legislature’s copycat local law. As attacks against LGBTQ+ people have increased, we are grateful that the Attorney General is working alongside the NYCLU to fight this discriminatory law, which has no place in New York.”

Members of Democratic legislative leadership blasted the new law and backed James’ lawsuit. “Bruce Blakeman’s blatantly illegal trans ban on public county property exposes his disregard for taxpayers and the rule of law,” said Minority Leader Delia DeRiggi-Whitton (D-Glen Cove). “Instead of addressing real issues like the unfair assessment system, crippling taxes and fees, and crumbling infrastructure, he chooses divisive and unlawful measures to distract from his inability to solve pressing problems and improve our lives.”

Nassau County Legislature Deputy Minority Leader Arnold W. Drucker (D-Plainview) added, “This legislative proposal is a clear contravention of that law, and it is beyond me why County Executive Blakeman wants to continue squandering hard-earned taxpayer dollars on legal fees defending such brazenly unlawful legislation.”

Upon learning of the lawsuit, Blakeman said in a statement, “I am very disappointed that the Attorney General would attempt to frustrate Nassau County’s desire to protect the integrity of women’s sports, ensure the safety of its participants and provide a safe environment for girls and women to compete.”