NYCLU asks court to block Nassau's transgender athlete ban

The New York Civil Liberties Union has asked a state appellate court to block enforcement of a Nassau law banning transgender athletes from women’s and girls' sports at county facilities.

In its court filing, the Manhattan-based NYCLU said that "during the pendency" of ongoing legal efforts to get the legislation overturned, the court should "enjoin the enforcement of the Local Law."

In January, a state Supreme Court justice in Nassau County denied the NYCLU's request for a preliminary injunction to stop the law, on behalf of the Long Island Roller Rebels, an adult roller derby team with at least one transgender athlete. The NYCLU's filing Monday in New York State Supreme Court's Appellate Division — Second Department in Brooklyn is seeking to reverse the judge's previous denial.

By a 12-5 vote last June, the Nassau Legislature approved the ban after a judge had struck down a similarly worded executive order by County Executive Bruce Blakeman.

The ban also came on the heels of calls from conservative lawmakers across the country to put strict regulations on the inclusion of transgender athletes in female sports.

Should the Nassau law remain in effect, NYCLU staff attorney Gabriella Larios said in a statement about the appeal, the Roller Rebels as well as other teams and transgender individuals in the county will "continue to suffer irreparable injuries including categorical exclusion from equal access to public facilities while enduring ongoing unlawful discrimination."

Larios added: "The county court’s ruling is inconsistent with longstanding state law, which makes clear that Nassau’s ban is discriminatory. We will never stop fighting for the right of transgender girls and women to participate in sports like everyone else. We are doubling down on that commitment with this appeal."

In a statement texted to Newsday by his spokesperson Chris Boyle, Blakeman defended the law and assailed the NYCLU's efforts to derail it.

"As usual, the NYCLU is on the wrong side of this important issue," Blakeman said, "and it's tragic that they oppose fairness and safety in women's sports."

In January, Newsday reported that state Supreme Court Justice Bruce Cozzens in Nassau ruled the NYCLU had failed to present evidence of "irreparable injury" to the roller derby team if transgender athletes were banned from county facilities while court challenges continued.

The county's ban on transgender athletes at Nassau facilities came after Blakeman signed an executive order in February 2024 requiring that sports organizations seeking permits to use county basketball courts, swimming pools and other recreational facilities "expressly designate" their teams’ statuses as male, female or coed based on their members’ "biological sex at birth," Newsday reported at the time.

In May, state Supreme Court Justice Francis Ricigliano deemed the order unenforceable as Blakeman had surpassed "the scope of his authority," Newsday reported then.

The language in the bill Blakeman signed into law in July mirrored his executive order. Danny Schrafel, a spokesperson for Nassau Legis. Delia DeRiggi-Whitton (D-Glen Cove), the Democratic minority leader, declined to comment on her behalf Tuesday citing ongoing litigation.

Republican Presiding Officer Howard Kopel of Lawrence said Tuesday in a statement: "While we don’t comment on pending litigation, we do stand by our law when it comes to protecting the integrity of women and girls sports. It's sad that the Civil Liberty Union seems unconcerned with the rights and safety of the young women who have worked hard to achieve excellence."

Long Island Roller Rebels president Curly Fry said in a statement that the team was "more determined than ever to continue our fight against Nassau County’s cruel and transphobic law. The trans women playing on and volunteering for our team are vital parts of our organization, and we will not let them down ... Trans people belong everywhere, including in sports. As our legal challenge moves forward, we reiterate that our doors are open to whoever wants to join us to play."

With Deborah S. Morris