Nassau transgender athlete ban: Appeals court grants request to halt ban while case continues, reversing lower court

A New York appeals court on Wednesday paused enforcement of Nassau County's controversial ban on transgender athletes in girls' and women's sports just days after a lower court threw out litigation challenging the ban, apparently giving new life to the legal fight. 

The appellate division's Second Judicial Department ruled Wednesday that the Long Island Roller Rebels, a North Massapequa roller derby organization that includes transgender athletes, had "demonstrated that it would be irreparably injured in the absence of a preliminary injunction and that the balance of the equities weighed in its favor."

The ruling came in response to a request from New York Attorney General Letitia James and the New York Civil Liberties Union for a preliminary injunction barring Nassau from enforcing its law banning transgender athletes while the litigation continued.

The lower court judge, state Supreme Court Judge Bruce Cozzens, had upheld Nassau's ban earlier this week, saying it did not discriminate because it still allowed transgender athletes to play in men's or coed games. And he had earlier denied the plaintiffs' bid for an injunction, prompting them to go to the appeals court.

"While the county suggests that the plaintiff can use its facilities by designating itself as a mixed-sex league, which is permitted under the local law, this would change the identity of the league and would force its players to identify themselves as playing in a mixed-sex league," the panel of four appellate judges wrote. "The plaintiff demonstrated that this would jeopardize its status with its governing body, its ability to find teams from other leagues to compete against, and its ability to grow as a league."

Last year, James and the NYCLU filed separate lawsuits against Nassau County Executive Bruce Blakeman and the county, arguing that the law, which prohibits transgender athletes from participating in girls' or women's sports on county property, violates the state's human rights and civil rights law.

On Monday, Cozzens dismissed the lawsuits, and in a pair of decisions, wrote that Nassau's law was designed to "protect women and girls." 

That ruling effectively ended the two lawsuits but Wednesday's appeals court decision appeared to resurrect the legal battle. 

"Trans people deserve to be treated with dignity and respect, just like anyone else," said Gabriella Larios, an NYCLU staff attorney. "Today the appeals court affirmed that fundamental right and swatted down Nassau County’s transphobic ban. The appellate court made it crystal clear that any attempt to ban trans women and girls from sports is prohibited by our state’s antidiscrimination laws." 

A spokeswoman for James did not immediately comment Wednesday.

“Nassau County will continue to protect the integrity and safety of women’s sports," Blakeman said in a statement.

Blakeman, a Republican running for reelection, initially tried to ban transgender athletes from competing in county-run facilities through executive order but was struck down by a judge who said he lacked the authority.

Blakeman then submitted legislation to county lawmakers, resulting in the June 2024 passage of Title 90 of the county's administrative code, called "Fairness for Women and Girls in Sports."

In the appellate ruling, the judges wrote: "The plaintiff made credible allegations that it would be denied a permit to use a place of public accommodation based on its designation as a women’s team that allows transgender women to participate. Further, the plaintiff has found it difficult, to find private facilities for practice, which reduced its opportunities for practice, resulting in a lowering of its ranking."

Curly Fry, president of the Long Island Roller Rebels, said in a statement: "We are thrilled the Court saw through Nassau’s transphobic and cruel ban. The ruling recognizes what we already knew — trans people belong everywhere, including in sports. Nassau County tried to erase members of our community from the sport they love, but we refused to let that happen.”

By Nicole Fuller

nicole.fuller@newsday.com@NicoleFuller

Nicole Fuller is Newsday's senior criminal justice reporter. She began working at Newsday in 2012 and previously covered local government.