Lawsuit: Nassau order barring transgender athletes is discriminatory

The New York Civil Liberties Union and a Long Island-based women's roller derby league have filed a lawsuit against Nassau County Executive Bruce Blakeman in response to his executive order barring transgender females from participating in girls and women's sports at county parks and facilities.

The suit, filed Monday in State Supreme Court in Mineola, argues that Blakeman's Feb. 22 order is in violation of New York’s Human Rights Law and Civil Rights Law and guidance from the state Education Department, which stipulates that students must be allowed to participate in athletic activities in accordance with their gender identity.

“We will not stand for this here in New York, and we will not contribute to this hatred,” said Gabriella Larios, staff attorney at the NYCLU. “In the meantime, teams are going to get hurt; individuals are going to get hurt. All the while, there is this rhetoric and these cynical attempts to shut trans people out of public spaces.”

Signing onto the lawsuit is the Long Island Roller Rebels, an all-female roller derby league. The lawsuit indicates the Rebels have at least one current member — along with one former player — who would be prohibited from participating in events at county facilities under the order.

The league, which allows transgender women to participate, does not inquire about the sex assigned at birth of its players, according to Curly Fry, of Queens, a Rebels player and team vice president.

“We try to be open to people of all types and this order really shuts down the possibilities for our league to grow,” Fry said. “Within Nassau County, we've been reaching out to different facilities to try to make it happen and to locate different practice spaces for our events. But under this order, that won't work.”

The Rebels previously used outdoor skating rinks at Eisenhower Park in East Meadow and Cedar Creek Park in Seaford and recently applied for a permit to host games at county parks beginning in April.

Under the order, the Rebels would have to expressly designate themselves as a league for “females, women, or girls.” Their permit request would be denied unless the Rebels excluded transgender women — in contradiction to their values and the policies of the Women’s Flat Track Derby Association, the league's international governing body, the suit states.

In a statement, Blakeman said Nassau “remains vigilant in protecting women’s right to compete on a fair and even playing field in a safe environment. We are disappointed that the New York Civil Liberties Union is not joining us in our fight to protect women.”

The county's order went into effect immediately at more than 100 sites, including basketball courts, swimming pools and ballfields. It requires organizations applying for a permit to “expressly designate” whether they are male, female or coed based on their members' “biological sex at birth.”

Sports organizations that allow transgender girls to compete on girls teams will be denied a permit to utilize Nassau athletic facilities, Blakeman said last month at a news conference announcing the order.

It does not affect transgender boys participating in male sports or games played on fields controlled by local school districts. Transgender females, Blakeman said, can still compete on male teams or in coed leagues.

The lawsuit is the latest salvo in response to the order.

Last month, state Attorney General Letitia James issued a cease-and-desist letter to Blakeman over the order, which she contends is in “clear violation” of the state's anti-discrimination laws.

In response, Blakeman and the Floral Park parents of a 16-year-old girls volleyball player filed a federal lawsuit against James, arguing the county has a constitutional right to protect women and girls from unfair competition and personal injury that could occur from playing against transgender athletes.

By Robert Brodsky

robert.brodsky@newsday.com@BrodskyRobert

Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum.