Long Island Roller Rebels v County of Nassau
Attorneys and Parties
Brief Summary
Access to municipal sports facilities and participation of transgender women in women’s leagues; compliance of local sports policies with statewide anti-discrimination protections.
The Supreme Court, Nassau County, denied a preliminary injunction enjoining enforcement of Nassau County Local Law No. 3-2024 during the lawsuit.
The denial of a preliminary injunction was reversed; the Appellate Division granted a preliminary injunction enjoining enforcement of Local Law No. 3-2024 pending the action.
The plaintiff showed likelihood of success on its claims that the local law violates the New York State Human Rights Law (NYSHRL) (Executive Law § 296 [prohibits discrimination in places of public accommodation]) as informed by Executive Law § 292(35) [defines gender identity, including transgender status], Civil Rights Law § 40-c [state civil rights statute prohibiting discrimination], and 9 NYCRR 466.13 [regulations implementing NYSHRL protections including gender identity in public accommodations]. The court also found irreparable harm and that equities favored preserving the status quo under CPLR 6301 [authorizes preliminary injunctions]. Additionally, a local law conflicting with general State law is invalid under Municipal Home Rule Law § 10(1)(i) [local law may not conflict with general State law], further supporting the plaintiff’s likelihood of success.
Background
In 2024, Nassau County enacted Local Law No. 3-2024, titled "A LOCAL LAW TO MAINTAIN A SAFE AND FAIR COMPETITIVE ENVIRONMENT FOR WOMEN AND GIRLS PARTICIPATING IN SPORTS AND ATHLETIC EVENTS." The law bars use of Nassau County park property for sporting events in which teams designated for women or girls include participants the county defines as "biological males." The Long Island Roller Rebels, a women’s roller derby league that includes transgender women, alleged the law discriminates and sought to enjoin its enforcement while challenging it under statewide anti-discrimination protections.
Lower Court Decision
The Supreme Court, Nassau County (Cozzens, J.), denied a preliminary injunction. The order did not set out specific findings on likelihood of success, irreparable harm, or balancing of equities.
Appellate Division Reversal
The Appellate Division reversed, holding the plaintiff established likelihood of success on its gender-identity discrimination claims, a presumption and showing of irreparable harm, and that the balance of equities favored preserving the status quo. The court noted the lower court’s failure to make requisite findings and concluded that enforcing the local law would likely violate statewide anti-discrimination protections and risk conflicting with general State law. The court granted a preliminary injunction enjoining enforcement of Local Law No. 3-2024 pending resolution on the merits.
Legal Significance
Signals that county restrictions excluding transgender women from women’s sports on public property likely conflict with statewide anti-discrimination protections and may be preempted when inconsistent with general State law. Reinforces the broad construction of NYSHRL claims, recognition of irreparable harm for civil rights violations, and the use of preliminary injunctions to preserve the status quo in discrimination cases.
A county may not enforce a local law excluding transgender women from women’s teams on public facilities where it likely violates statewide anti-discrimination laws; plaintiffs can obtain preliminary injunctive relief by showing likely success, irreparable harm, and that equities favor maintaining the status quo.