NYCLU Files Second Lawsuit Challenging Nassau County Anti-Trans Sports Ban 

The lawsuit argues that the County’s new local law banning women’s teams that allow trans women and girls from County facilities is illegal. 

NASSAU COUNTY – Today, the New York Civil Liberties Union (NYCLU) filed a lawsuit against Nassau County Executive Blakeman and the County legislature, challenging their unlawful and discriminatory local law banning transgender girls and women from participating in girls’ and women’s sports at county-run facilities. The local law is substantively identical to the County Executive’s order, which a NYCLU lawsuit struck down last month.  

“Nassau County’s relentless efforts to shut transgender women and girls out of sports will leave a lasting stain on the County’s government and legislature,” said Gabriella Larios, staff attorney at the New York Civil Liberties Union. “It is abundantly clear that any attempt to ban trans women and girls from sports is prohibited by our state’s antidiscrimination laws. It was true when we successfully struck down County Executive Blakeman’s transphobic policy and it is true now. This latest round of hateful legislation is unacceptable and we won’t let it stand in New York.”   

The suit argues that the new county law violates the state Human Rights Law and state Civil Rights Law, and Section 10 of the Municipal Home Rule Law, which provides local governments with the power to adopt local laws so long as those local laws are “not inconsistent with any general law” of the state. The NYCLU lawsuit was filed on behalf of the Long Island Roller Rebels, a Nassau County recreational women’s flat track roller derby league. Under the new county law, the league, which welcomes trans women, is barred from using the county facilities. The Roller Rebels were also part of the NYCLU lawsuit which struck down Blakeman’s executive order in March 2024.  

“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 (they/them), president of Long Island Roller Rebels. “Trans people belong everywhere including in sports. Much like we defeated the transphobic executive order, we will fight this new law and ensure all community members can join a sports team and feel welcome.” 

Similar to the executive order, the county law specifically bars transgender girls and women from girls’ and women’s sports in which their cisgender peers participate, based solely on the fact that they are trans. The far-reaching local law applies to over 100 different athletic facilities and affects a wide range of people, from school-aged athletes using county facilities to recreational adult groups. To comply with the local law, these groups—and the people who participate in and run them—will be forced to make invasive inquiries about cis women and trans women’s gender identities alike, intrude upon their privacy and bodily autonomy, and “out” people as transgender. 

“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 New York Attorney General Letitia 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.”   

In addition to violating the Municipal Home Rule Law and New York State’s Human Rights and Civil Rights Law, the local law also violates guidance from the New York State Division of Human Rights, which confirms that public accommodations cannot deny transgender people access to programs and activities consistent with their gender identity, and guidance from the New York State Education Department (NYSED), which confirms that students must be allowed to participate in physical education and athletic activities in accordance with their gender identity. Bills banning trans youth from participating in sports already have passed in twenty-four states, although some of these laws have been blocked by active lawsuits. Those bills are based on inaccurate stereotypes about biology, athleticism, and gender. 

“Nassau County community members and advocates have organized multiple rallies to reject both County Executive Blakeman’s transphobic executive order and the legislature’s copycat local law,” said Susan Gottehrer, Nassau County Regional Director at the New York Civil Liberties Union. “Both are cynical attempts to shut transgender women and girls out of sports. Much like we defeated Blakeman’s order, we won’t rest until this hateful law is struck down.” 

NYCLU counsel on this case includes attorneys Gabriella Larios, Bobby Hodgson, and Molly Biklen. 

You can find case materials here: https://www.nyclu.org/court-cases/roller-rebels-v-county-of-nassau-et-al