Stunning Court Blow Hits One Day After Election

Judge's hand holding gavel near scales of justice
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A New York appeals court has struck down Nassau County’s ban on transgender women and girls playing on women’s teams at county facilities, ruling that state anti-discrimination law overrides it.

Story Highlights

  • A four-judge panel ruled unanimously; all four judges were elevated to the court by Democratic governors.
  • Attorney General Letitia James, who sued the county, cheered: “Nobody should have to fight to play the game they love.”
  • The county attorney says the county intends to continue the appeals process.
  • The ruling came one day after Bruce Blakeman, the county executive who imposed the ban, lost the governor’s race.

What the Appeals Court Ruled and Why

The Appellate Division, Second Department, one of New York’s mid-level appeals courts, issued its ruling on Wednesday, November 4. It found that the state Human Rights Law and Civil Rights Law, which bar discrimination based on gender identity, override the county law. According to the attorney general’s office, the court said those state laws “expressly prohibit the County from restricting access to places of public accommodation” on that basis. A public accommodation is a place open to the public, such as a park, field or rink.

The court reversed a lower-court ruling that had upheld the county law. It also told the lower court to declare the measure invalid under the state Constitution and the Municipal Home Rule Law, the state law that sets what counties may do on their own. The four judges were Betsy Barros and Deborah Dowling, picked by former Gov. Andrew Cuomo, and Barry Warhit and Lisa Ottley, picked by Gov. Kathy Hochul.

Who Brought the Case

Letitia James, New York’s attorney general, sued Blakeman in July 2024. “Transgender athletes have the right to play on the court, field, or roller rink like everyone else,” she said after the ruling. She said she was pleased the court “saw right through” the county’s policy. She added, “As long as I am attorney general, no New Yorker will be shut out of public life because of who they are.”

The New York Civil Liberties Union, a civil rights group, also sued on behalf of the Long Island Roller Rebels, an adult women’s roller derby league that welcomes transgender players. The ruling means the league can again play at county-run facilities. Gabriella Larios, a lawyer for the group, called it a significant victory for transgender athletes.

The County’s Side and What Comes Next

Nassau County Attorney Thomas Adams said the county is “reviewing the decision with the intention to continue the appeals process.” The next level is the Court of Appeals, New York’s highest court. The ruling stands unless a higher court overturns it.

Blakeman, a Republican, has long said the ban protects female athletes. “A biological male is bigger, stronger and faster than a biological female,” he said when the policy began in 2024. He also said, “We will protect women from bullying by transgender males.” County Legislator Samantha Goetz, a former high school athlete, said, “There is no training I could have engaged in to compete against a biological male.”

How the Fight Unfolded

Blakeman first imposed the policy by executive order in February 2024. A judge struck that order down, saying he lacked the power to issue it. The county Legislature then passed a law with the same rules, and Blakeman signed it on July 15, 2024. Groups seeking county permits had to label their teams male, female or coed based on sex at birth, and female events could not include male competitors. The attorney general’s office says the law covered more than 100 county facilities.

In October 2025, a state judge upheld the law. That same month, the appeals court blocked the county from enforcing it while the appeal went on. The final ruling came the day after Election Day, Tuesday, November 3, when Blakeman lost his race for governor to Hochul and James won reelection.

Sources:

ag.ny.gov, abc7ny.com, wfmd.com, nytimes.com, gothamist.com, cbsnews.com, nbcnews.com