
By Michael Malaszczyk
State Attorney General Letitia James and the New York Civil Liberties Union sued Nassau County and County Executive Bruce Blakeman Monday in a move to overturn a county law that bans transgender girls and women from participating in women’s sporting events at county-run parks and facilities.
James filed her lawsuit immediately after Blakeman signed the legislation into law at a ceremony attended by county legislators.
The law, approved by the county Legislature in a 12-5 vote along party lines, would apply equally to private and public school teams, recreational leagues of all ages, charity events, and even competitive professional and amateur adult teams with their own rules on participation.
The law closely mirrored an executive order issued by Blakeman in February.
A Republican State Supreme Court justice ruled Blakeman had exceeded his authority by issuing the order because there was no “corresponding legislative enactment.”
Neither Blakeman nor members of the Legislature have provided a single case in which the law would apply.
James said the law he had just signed into law conflicts with state laws protecting New Yorkers from discrimination based on their gender identity or expressing 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 James in a statement issued by her office. “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 implemented 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.”
Blakeman defended the legislation before the signing ceremony..
“We’ve heard from a lot of people who have a different point of view,” Blakeman told reporters Monday. “And that’s fair, we can agree to disagree. For us, it’s a matter of common sense. It’s a matter of fairness and it’s a matter of integrity. It’s interesting that probably the most famous transgender person in the world, Caitlyn Jenner, was here with us, stood with us. She competed as a biological male, to the greatest extent of athletic competition. At one point, when she competed as a biological male, some people considered her the best athlete in the world. She stood here with us and said, ‘You’re doing the right thing.’ This isn’t about transgender rights. It’s about fairness to women.”
Blakeman was joined by Nassau Legislature Presiding Officer Howard Kopel (R-Lawrence) and Legislator Samantha Goetz (R-Locust Valley) in supporting the bill.
“When someone who is a biological male comes in competes against these people, these girls, those biological males have a totally unfair advantage,” Kopel said. “They’re larger, they’re faster, and they’ve got more muscles. This is something that doesn’t work.”
Democratic Nassau officials expressed support for James’s lawsuit as well.
“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,” state Assemblyman Charles Lavine (D-Glen Cove) said. “If these people won’t stick up for human rights, what good are they?”
Under the New York State Constitution and Municipal Home Rule law, counties and municipalities cannot enact or enforce laws that conflict with state laws, and if a court finds the bill in violation of any of New York’s civil rights laws, it could be overturned.
“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 (D-Glen Cove). “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.”