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AG James Sues Nassau County Over "Discriminatory" Law Banning Transgender Women from Participating in Women’s Sports at County Parks, Facilities

LongIsland.com

AG James’ Lawsuit Seeks to Invalidate the Law and Prevent Nassau County from Future Enforcement Attempts.

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New York Attorney General Letitia James.

New York Attorney General Letitia James and the New York Civil Liberties Union (NYCLU) today 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.”

“The Nassau County Legislature has disgraced itself by joining the despicable effort of the County Executive to ban transgender athletes from competing on sports teams aligning with their gender identity or expression,” said State Senator Brad Hoylman-Sigal. “No one’s human rights are negotiable. I sponsored the Gender Expression Non-discrimination Act (GENDA) to thwart cheap political stunts just like this, but the actions of the County Legislature are beyond the pale because they are directed at children. I’m extremely grateful that Attorney General James is taking action to stop this bill from enactment because it flagrantly violates GENDA and New York’s human rights laws.”

“I am thankful that Attorney General James is standing up against the transphobic law being proposed by County Executive Blakeman and the Republican Majority, who are insistent on taking any route to exclude transgender girls and women from participating in local sports,” said State Senator Kevin Thomas. “Using trans people as a cheap political stunt is not just shameful and dangerous – but also blatantly illegal. We will never tolerate discriminatory laws in New York State, and I am confident this will rightfully be struck down once again.”

“Bruce Blakeman's blatantly illegal trans ban on public county property exposes his disregard for taxpayers and the rule of law,” said Nassau County Legislature Minority Leader Delia DeRiggi-Whitton. “Instead of addressing real issues like the unfair assessment system, crippling taxes and fees, and crumbling infrastructure, he chooses divisive and unlawful measures to distract from his inability to solve pressing problems and improve our lives.”

“The transgender community is a protected class under New York State law, which was amended in 2019 to explicitly add gender identity or expression as a protected class,” said Nassau County Legislature Deputy Minority Leader Arnold W. Drucker. “This legislative proposal is a clear contravention of that law, and it is beyond me why County Executive Blakeman wants to continue squandering hard-earned taxpayer dollars on legal fees defending such brazenly unlawful legislation. As a longtime advocate for transgender equality and the welfare of the LGBTQ+ community, I applaud Attorney General James for taking decisive action to protect equal rights and the rule of law.”

“I am offended by this legislation because it provides a ‘solution’ to a nonexistent problem,” said Nassau County Legislator Debra Mulé. “I am offended governmentally because we know this is not going to stand up to legal scrutiny, and I am offended as a taxpayer because I know that millions of dollars that are going to be spent on lawsuits would have been better spent on solving many other problems in Nassau County. As an ally to the LGBTQ+ community, it is deeply hurtful that this bill was forced through the Legislature during Pride month. I thank Attorney General James for taking legal action to reverse this blatantly illegal embarrassment.”

“This law directly defies Attorney General James’ clear guidance, undermines the integrity of the Nassau County Legislature, and sows fear amongst our transgender constituents,” said Nassau County Legislator Carrié Solages. “I urge the County Executive to immediately repeal this legislation and spare the taxpayers of Nassau County the needless expense of yet another doomed, prolonged legal battle.”

“Local Law 121-24 represents the weaponization of an emerging issue – one which to date has not manifested itself in any Nassau County girls’ sports - for political gain at the expense of the already marginalized transgender community,” said Nassau County Legislator Scott Davis. “Any well intended and just law should be the product of informed, fact-based, data-driven information provided by a comprehensive array of stakeholders with diverse viewpoints, expertise, and knowledge on the subject matter. The law was not the product of such an approach. Instead, it was a transparent attempt to codify the County Executive’s ill-conceived, poorly-drafted and unlawful executive order.”

“The action by the Nassau County Legislature to discriminate against trans women and girls is not only abhorrent, it is also illegal,” said Assemblymember Tony Simone. “Trans people are under attack across this country, including here in New York State, and the impact is heartbreaking. Two in five LGBTQ+ students report having attempted suicide in the past year. This ban will have irrevocable, tragic effects. Policies like this are quite literally matters of life and death, and I believe that as government officials, we should be working to improve people’s lives, not threaten them. I commend Attorney General James for taking action to stop the ban in its tracks and defend trans people from those who would harm them.”

“It is ridiculous that after being unsuccessful in his transphobic tirade before, the Nassau County Executive is again attempting to make a name for himself by signing this equally discriminatory law,” said Assemblymember Jessica González-Rojas. “I'm grateful that Attorney General James is already on it, and I expect she will be victorious in ensuring this is also struck down. Here in New York, we will stand with our trans siblings because the only thing that should be banned is discrimination, like the type that is clear in this excuse-for-legislation.”

“With his actions, Nassau County Executive Bruce Blakeman and his right-wing legislative sycophants are endangering the well-being of some of the most vulnerable of our fellow citizens,” said Assemblymember Charles D. Lavine. “If these people won’t stick up for human rights, what good are they?”

“It’s a scary situation when we ban Nassau County residents from utilizing taxpayer-funded facilities,” said Assemblymember Michaelle C. Solages. “It feels like we are stepping back into a dark time in our country’s history. New York State is proud of our inclusivity, and our local governments should not be in the business of banning certain groups from using public facilities in violation of our state’s anti-discrimination laws.”

“I want to thank Attorney General James for her quick and tireless action on behalf of New Yorkers,” said Assemblymember Gina Sillitti. “We have seen time and time again that words matter, and far too often, hateful rhetoric leads to hateful actions. This time, they’re targeting transgender children. Why? Is it to be hateful, to grab headlines, or simply to sow political division? I am confident that, just like the County’s Executive Order, this discriminatory law will be overturned for violating New York's Human Rights Law.”

“I am grateful for Attorney General James’ actions to fight against the egregious and discriminatory law enacted by the Nassau County legislature,” said Assemblymember Deborah Glick. “As LGBTQ people are under attack by ignorant and hostile officials throughout the country, it is critical that we ensure protections for all New Yorkers and show that such transphobic and harmful policies will not be tolerated in New York State.”

“In New York we pride ourselves on being inclusive, with laws that are not predicated on hate, fear or exclusion, but Nassau County is attempting to undo this state's long history of promoting equity and justice by passing a transphobic local law that not only excludes transgender women and girls from participating in sports but prevents them from living as their authentic selves,” said Assemblymember Harry B. Bronson. “This is just one more example of the many anti-LGBTQIA+ strategies throughout our nation that are seeking to deny our existence. I am thankful to Attorney General James for filing a lawsuit aimed at striking down Nassau County’s hate-driven law and reaffirming the rights of transgender women and girls to participate equally in sports throughout New York State. No matter who you are, where you come from, what you look like, what your abilities are, who you love, or how you identify - we all have dignity and deserve equity, justice, and the opportunity to succeed, and this lawsuit attests to New York State’s commitment to social justice, human rights, and equality.”

“New York is a state that prides itself on inclusivity and equality, and we as New Yorkers must always stand together to promote fairness and respect for everyone,” said Westchester County Executive George Latimer. “It is deeply troubling to see attempts to exclude transgender girls and women from participating in sports, and that is why I applaud Attorney General James’ lawsuit. Her action is a crucial step in ensuring that all New Yorkers, regardless of their gender identity, are protected from such discriminatory practices.”

“Though Long Island claims to be a place where ‘You BeLong,’ Nassau County’s Local Law 121-24 is solely exclusionary,” said New York City Council Member Crystal Hudson. “County Executive Bruce Blakeman has advanced a bill that poses a threat to the wellbeing of transgender women and girls and jeopardizes New Yorkers’ shared protections against discrimination. Blakeman’s transphobic actions are callous, serving exclusively to endanger some of the most vulnerable people in our state — transgender and non-binary children — and embolden those who wish to see them harmed. The County Executive has shown time and time again that he does not believe the LGBTQIA+ community deserves equal rights. He opposed same-sex marriage, refused to set up a county committee to advise on gender inclusivity, and has now signed Local Law 121-24 into law. I commend Attorney General James and her office for filing suit against this illegal attempt to undermine equity and justice in New York. We must be resolute in our stance against bigotry, and today’s suit by the Office of the Attorney General adds a vital voice to our opposition.”

“I commend Attorney General James for swiftly filing a lawsuit against Nassau County and County Executive Blakeman over the transphobic and hateful law,” said New York City Council Member Tiffany Cabán. “At a time when the rights of trans and non-binary folks are under attack, it is appalling that Nassau County is attempting to further limit our communities’ ability to joyfully and proudly engage in sports. The county’s actions will endanger some of the most vulnerable communities in our state; I thoroughly support Attorney General James’ leadership as she seeks to reverse this clear violation of New York’s Civil and Human Rights laws.”

“I applaud Attorney General Letitia James for taking a stand against Nassau County's discriminatory law that excludes transgender women from women's sporting events,” said New York City Council Member Erik Bottcher. “It is our duty to protect and uplift our trans girls and celebrate the diversity and strength of our LGBTQ+ community. We must stand firm against bullying in all its forms, particularly when it comes from legislators who ought to protect, not harm, our vulnerable communities.”

“Our LGBTQ community and allies are grateful to Attorney General James for remaining steadfast in her commitment to ensure justice for all New Yorkers by challenging this dangerous and discriminatory legislation that seeks to exclude transgender girls and women from participating in sports,” said Sarah Kate Ellis, President and CEO of GLAAD. “The effort to ban transgender people from participating on sports teams is part of a larger connected effort to erase them by making it impossible to live healthy and happy lives, pursue their dreams, or even access basic health care and resources. Trans New Yorkers want the opportunity to play sports for the same reason everyone does: to be a part of a team where they belong, and to build community and fellowship. It is shameful that a small group of far-right extremists are pursuing the path of attacking transgender people even here in New York, where we pride ourselves on the pursuit of liberty and freedom for all. Attorney General James' action is a positive step forward for striking down unconstitutional blanket bans on transgender lives once and for all.”

“We are grateful that Attorney General James is standing up to this second attempt to impose mean-spirited and discriminatory legislation on an already vulnerable population,” said Sasha Buchert, Nonbinary and Trans Project Director at Lambda Legal. “Participation in sports provides countless opportunities for participants to develop permanent life skills such as teamwork, discipline, and perseverance, and provides a sense of connectedness and contribution. No one, including transgender girls and women, who make up less than 0.3 percent of the population, should be deprived of the opportunity to participate, and that is exactly what this legislation seeks to do.”

“The Center supports and applauds the lawsuit filed today by New York Attorney General James against Nassau County and County Executive Bruce Blakeman,” said Daniel Reyes, Chief Program Officer at The NYC LGBT Community Center. “The local law is another attempt by elected officials to target transgender New Yorkers for political gain. It is illegal and in direct violation of existing protections against discrimination enshrined in the New York State Human Rights Law and the Gender Expression Equity Non-Discrimination Act (GENDA). It further contributes to increased hostilities toward transgender New Yorkers and encourages a political environment that will also affect the mental and emotional well-being of transgender community members who live in Nassau County. The Center is committed to working with community members, elected officials, and the New York State Attorney General to ensure that Nassau County, and our entire state, remains a place of safety, respect, and equality for all LGBTQ+ New Yorkers.”

“Attorney General James has once again shown tremendous leadership in defending the rights of transgender individuals against discrimination,” said Dr. David Kilmnick, President of New York LGBT Network. “Her swift and decisive action against Nassau County's discriminatory law is not just a defense of transgender rights—it's a bold stand for the principles of fairness and inclusion that define our state. We stand firmly with Attorney General James in ensuring that every individual, regardless of gender identity, can participate fully and without prejudice in all aspects of public life, including sports. This lawsuit sends a powerful message that hate and discrimination have no place in our communities.”

“Gender-based discrimination has no place in society and certainly not in girls’ and womens’ sports,” said Carmen Neely, President and CEO of Harlem Pride. “We support Attorney General James’ lawsuit against Nassau County and County Executive Bruce Blakeman. Mental health issues, mainly due to stigma and rejection, already plague our LGBTQIA+ community. Discriminatory laws such as Local Law 121-24, further exacerbate these issues and cannot be allowed to stand. In 2019, the New York State Human Rights Law was amended through the Gender Expression Non-Discrimination Act (GENDA) to explicitly add gender identity or expression as a protected category. Discrimination on the basis of gender identity or expression is prohibited in all areas covered by the Human Rights Law. This was a positive step forward and we refuse to go backward in 2024.”

“In passing Local Law 121-24, the Nassau County Legislature defied their responsibility to protect their most vulnerable constituents, as well as their responsibility to uphold the law,” said Faris Ilyas, Policy Counsel at NEW Pride Agenda. “On June 24th, the legislature heard extensive testimony from concerned trans community members, parents of trans youth, and allies of the trans community in Nassau, who took hours out of their day to inform the legislature about the well-documented harms Local Law 121-24 would cause to the county’s trans youth, as well as the harm this debate has already caused. Conspicuously, no member of the public testified in support of Local Law 121-24. Just as the legislators’ and the County Executive’s half-baked justifications for targeting trans girls and women have failed to stand up to public scrutiny, they will fail to stand up to legal scrutiny. Our laws evolved to address this exact scenario – of governments targeting vulnerable populations for political gain – and trans girls’ and women’s right to participate in sports in Nassau County will be vindicated in court.”

“This Nassau County ban is a devastating blow to the safety of our youth and the future of transgender rights,” said Sean Ebony Coleman, founder and CEO of Destination Tomorrow. “By legalizing the exclusion of this community, Nassau County is encouraging a society where harassment and microaggressions against transgender people are condoned. This decision only furthers the marginalization of our already vulnerable community and sets a dangerous precedent for legitimizing discrimination in our laws. We must safeguard our transgender siblings in a society that continues to weaponize our identities.”

“We strongly condemn this unjust and discriminatory law,” said In Our Own Voices, Inc. “Excluding transgender girls and women from participating in sports not only undermines their basic human rights, but also perpetuates harmful stigma and exclusion. Everyone deserves the right to participate in sports as their true selves, free from discrimination and prejudice. We stand in solidarity with Attorney General James in fighting against this law and advocating for a more inclusive and equitable society for all.”

This matter is being handled by Assistant Attorneys General Taylor Brown, Kyle Rapiñan, and Zoe Ridolfi-Starr, Research Analyst Joseph Flores, and Section Chief for Hate Crimes and Bias Prevention Rick Sawyer of the Civil Rights Bureau under the supervision of Deputy Bureau Chief Travis England and Bureau Chief Sandra Park. Additional support was provided by Special Counsel Galen Sherwin and Assistant Attorneys General Helena Lynch and Beth Kaufman of the Nassau Regional Office. The Civil Rights Bureau is part of the Division for Social Justice, which is led by Chief Deputy Attorney General Meghan Faux. The Nassau Regional Office is part of the Division for Regional Affairs, which is led by Deputy Attorney General Jill Faber. Both the Division for Social Justice and the Division for Regional Affairs are overseen by First Deputy Attorney General Jennifer Levy.