NYCLU, NY attorney general file suits challenging Nassau's ban on transgender athletes

The New York Attorney General and New York Civil Liberties Union filed separate lawsuits Monday, challenging Nassau County’s new law prohibiting transgender female athletes from competing at county facilities.

"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," state Attorney General Letitia James said in a statement announcing the complaint.

The lawsuits follow a suit by the NYCLU that led to a judicial ruling in May striking down Nassau County Executive Bruce Blakeman’s similar ban as an executive order.

Last month the Republican-controlled Nassau County Legislature approved the ban as a local law, along party lines, 12-5. Supporters said it would prevent transgender athletes from having an unfair advantage when competing in female sports. Two Democrats were absent for the vote.

Both lawsuits were filed Monday in state Supreme Court in Mineola as Blakeman held a bill-signing ceremony.

"This is not about transgender rights, it’s about integrity fairness and safety in women’s sports," Blakeman said at the signing.

Monday, Blakeman released a statement saying: "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."

The office of the Republican legislative majority did not respond to requests for comment.

James called the new law "transphobic" and is seeking a court order to strike down the law and to prevent Nassau County from enforcing it. The NYCLU filed its suit on behalf of the Long Island Roller Rebels, arguing the new county law discriminates against transgender girls and women and the teams they play for.

"Sports should be about challenging yourself and finding joy through movement. With this shameful law, our lawmakers are joining the effort to deprive people of these benefits while sending the message that trans people do not belong in Nassau County," said Curly Fry, president of Long Island Roller Rebels.

The NYCLU lawsuit argues that the county's law violates New York civil rights and human rights laws. The suit also contends the law violates the state's Home Rule Law, which permits local governments from adopting local laws as long as they are "not inconsistent with any general law" of the state.

Gabriella Larios, a staff attorney for the NYCLU, said the text of the county's law and the executive order were virtually identical. She said the NYCLU and the Rebels also requested a preliminary injunction, asking a judge to make a temporary order to stop the county's law from being enforced.

"It's a blatant violation of the state's anti-discrimination laws," Larios said.

Blakeman signed the Feb. 22 executive order, which prompted James' office to issue a cease-and-desist order, saying the order violated the state's anti-discrimination laws. Blakeman preemptively sued James, seeking to keep the executive order in place. 

A federal judge in April dismissed Blakeman’s lawsuit against James’ office, ruling that he lacked standing to stop James from challenging his order. A state judge struck down the executive order in May.

Nassau County Democratic Minority Leader Delia DeRiggi-Whitton condemned the new law.

"If Republicans are genuinely serious about lowering the political temperature, they should stop bullying and pushing legislation that scapegoats groups of people for their political gain. Instead, they should focus on actual governance and helping the people they were elected to serve," DeRiggi-Whitton said.

With Candice Ferrette

By John Asbury

john.asbury@newsday.comJohnAsbury

John Asbury is a breaking news and general assignment reporter. He has been with Newsday since 2014 and previously worked at The Press-Enterprise in Riverside, California.