AG James’ Lawsuit Seeks to Invalidate the Law and Prevent Nassau County from Future Enforcement Attempts
New York Attorney General Letitia James and the New York Civil Liberties Union (NYCLU) filed independent lawsuits against Nassau County and County Executive Bruce Blakeman over a newly-enacted county law that would ban transgender girls and women from participating in women’s sporting events at county-run parks and facilities. The law mirrors the text of the discriminatory and transphobic executive order County Executive Blakeman unsuccessfully issued in February. After the executive order was struck down by Nassau County Supreme Court on May 14, 2024—as a result of a lawsuit brought by NYCLU and the Long Island Roller Rebels—the Nassau County legislature adopted Local Law 121-24, a nearly identical statute that discriminates against transgender girls and women, as well as teams that welcome them.
Attorney General James filed her lawsuit immediately after County Executive Blakeman signed Local Law 121-24 into law today because the law directly conflicts with state laws protecting 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.
“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,” said Attorney General James. “NYCLU and the Long Island Roller Rebels won their first lawsuit and County Executive Blakeman’s transphobic executive order was struck down because it was blatantly illegal. Now this discriminatory law must be as well. Here in New York, every person has the right to be exactly who they are free from discrimination, and my office will always protect that right.”
Local Law 121-24, entitled “Fairness for Women and Girls in Sports,” blatantly discriminates against transgender girls and women and subjects all girls and women to unequal treatment. Just like the now-defunct executive order, Local Law 121-24 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.
Local Law 121-24 establishes three standards that effectively prohibit transgender girls and women from participating in girls’ and women’s sporting events throughout 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
- Erroneously defines gender as “the individual’s biological sex at birth.”
Local Law 121-24 imposes undue increased scrutiny on girls’ and women’s teams and leagues and will also subject all athletes on girls’ and women’s sports teams to invasive questioning and other verification requirements. It forces teams that welcome transgender girls and women to either categorically exclude them or to forego participating in sports at more than 100 county-run facilities and venues, including playing fields in parks, baseball, football, and soccer fields, basketball and tennis courts, indoor and outdoor swimming pools, and ice rinks. This discriminatory law not only impacts Nassau County-based teams and leagues but also deters teams from elsewhere in New York from participating in Nassau County games and sporting events.
New York’s Civil and Human Rights laws explicitly prohibit discrimination against an individual based on their sex or gender identity or expression. By singling out and discriminating against transgender girls and women, Local Law 121-24 violates state law.
Under the New York State Constitution and Municipal Home Rule law, counties and municipalities cannot enact or enforce laws that conflict with state laws. In her lawsuit, Attorney General James argues that Local Law 121-24 directly conflicts with state law and therefore must be struck down.
In addition to violating athletes’ most basic civil and human rights, discriminatory policies like this law have proven damaging to members of the LGBTQ+ community’s mental health. According to the American Medical Association (AMA), barring transgender girls and women from participating in sports teams consistent with their gender not only prevents them from living openly as their true selves, but also increases the rate of negative mental health outcomes, substance abuse, and suicide. A recent poll administered by The Trevor Project reported that 86 percent of transgender and nonbinary youth said debates around anti-trans policies have negatively impacted their mental health, and that 45 percent of trans youth had experienced cyberbullying.
With this lawsuit, Attorney General James is asking the court to strike down Local Law 121-24 and to forbid Nassau County from implementing or enforcing this discriminatory law.
The OAG encourages New Yorkers who have witnessed or experienced gender-based discrimination to file a complaint with the Civil Rights Bureau.
“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.”
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