Nassau County Executive Bruce Blakeman, at podium, speaks during a...

Nassau County Executive Bruce Blakeman, at podium, speaks during a news conference last March about barring transgender female athletes from county-owned facilities. Credit: AP/Philip Marcelo

A State Supreme Court justice has rejected a bid for a preliminary injunction to stop Nassau County’s law prohibiting transgender athletes from competing in county facilities, saying the plaintiffs didn't show the ban discriminated against athletes based on gender identity.

The New York Civil Liberties Union, on behalf of the Long Island Roller Rebels, sought a preliminary and permanent injunction to block the county’s law after the NYCLU said the measure would discriminate against transgender athletes and the teams they played for. The Roller Rebels are an adult roller derby team that has at least one transgender member.

The Republican-controlled Nassau County Legislature passed the law along party lines by a 12-5 vote in June after an executive order by Nassau County Executive Bruce Blakeman was previously struck down. The law prompted separate lawsuits by the NYCLU and New York Attorney General Letitia James. There has not been a ruling in the attorney general’s case.

In the ruling against the NYCLU, State Supreme Court Justice Bruce Cozzens in Nassau said there was no evidence presented for a likelihood of "irreparable injury" to the roller derby team if the injunction was not granted, and said the county "has a mandate" to use recreational facilities for the majority of citizens.

"The taxpayers of the county of Nassau County have elected not only a county executive, but legislators who have the mandate of the citizens to pass laws that are in accordance with the needs of the public they serve," the judge said.

Cozzens wrote in his ruling: "The goal of the local law is to provide a safe environment for individuals who are born female to play."

The Roller Rebels asked to allow transgender athletes to be included on female teams and not require transgender athletes to identify themselves.

But the judge wrote: "The power differential between adult individuals who are born male and those born female is substantial and therefore may be more dangerous. This would create additional risk to the individual and potential liability creating costs to the municipality."

The NYCLU and the Roller Rebels vowed to keep challenging the law.

"At a time of rising anti-LGBTQ+ hate and violence across the country, keeping this ban intact is not only cruel, but it is also dangerous," Roller Rebels president Curly Fry said in a statement. "This harmful legislation sends the message that trans people don’t belong in Nassau County.

"Trans people belong everywhere including in sports. We hope that New York's courts will ultimately strike down this unlawful ban and acknowledge it for what it is — transphobic and unjust," the statement said.

Nassau County lawyers argue the law does not bar participants due to their sexual identity, but prohibited "biological men from participating in physical activities because of safety, fairness and equity reasons," the decision said.

Blakeman said recent federal court decisions also ruled in favor of the law distinguishing between transgender athletes on female teams.

"I'm gratified that we were the first in America to do it, and I think we set the tone for the rest of the nation," Blakeman said in statement. "We're very happy that both courts have agreed with us and as we've said all along, it's just common sense. Biological males should not play in female sports. They have a competitive advantage. It's unfair, and it's also unsafe."

Get the latest news and more great videos at NewsdayTV Credit: Newsday

Snowy mix hits region ... What's the future of NUMC? ... LI Swifties ready for the big game ... Chow down in Charleston ... What's up on Long Island

Get the latest news and more great videos at NewsdayTV Credit: Newsday

Snowy mix hits region ... What's the future of NUMC? ... LI Swifties ready for the big game ... Chow down in Charleston ... What's up on Long Island

SUBSCRIBE

Unlimited Digital AccessOnly 25¢for 6 months

ACT NOWSALE ENDS SOON | CANCEL ANYTIME