Nassau County Executive Bruce Blakeman's lawsuit against New York State Attorney General is dismissed

A motion to dismiss Nassau County Executive Bruce Blakeman’s lawsuit against New York State Attorney General Letitia James, in the midst of his executive order banning transgender woman’s participation in activities in county facilities, was dismissed on April 12.

“This decision is a tremendous victory for justice and the rule of law, but our work here is not done,” James said in a statement. “County Executive Blakeman’s executive order is transphobic, and we have no room for hate in New York. It’s past time for Nassau County to rescind this order and treat all our communities with the basic respect and dignity they deserve.”

Blakeman also issued a statement after the ruling.

“I am shocked that a federal judge with a background as a Civil Liberties Union lawyer would not give girls and women their day in court,” Blakeman said. “We vehemently disagree with the decision and will appeal.”

The request from Blakeman for an order stopping James from suing the county over its ban was denied in federal court on April 4.

Judge Nusrat Choudhury said that the county lacked demonstration of “irreparable harm” and standing in the April 4 ruling.

“This decision will not deter us from protecting the integrity and fairness of women's sports and the safety of its participants,” Blakeman said in a statement after the ruling. “According to the logic of the decision on the temporary restraining order, the county would have to wait for a young girl to be paralyzed before taking action."

According to James’ office, a decision on dismissing the motion is still to come.

Blakeman signed his executive order in February demanding sports, leagues, organizations, teams, programs or sport entities operating in county facilities designate themselves based on male, female or co-ed, and then only accept athletes who meet that criteria according to what was originally listed on their birth certificate.

While those born male would not be allowed to participate in female teams, the order does not ban females from joining male teams.

James sent a cease-and-desist letter to Blakeman in March, demanding he rescind his executive order, calling it not only transphobic, but also illegal under the state’s human rights and civil rights laws.

Blakeman responded a few days later by joining Mark Mullen, a Nassau County parent of a female athlete, to file a federal lawsuit contesting the order.