NY Court Strikes Down Nassau Trans Sports Ban
New York's Appellate Division struck down Nassau County's ban on transgender women in female sports leagues in November 2026, ruling the law violated state civil rights protections. The court found that New York's Human Rights Law — which also shields immigrants from discrimination based on citizenship status — overrides local rules that conflict with it. The decision confirms that local governments in New York cannot strip state civil rights protections from any group, including immigrants and transgender people.
New York's Appellate Division, Second Department ruled in November 2026 that Nassau County's law banning transgender women from women's sports leagues on county park property violates New York State civil rights protections. The court reversed a lower court decision and sided with the Long Island Roller Rebels, a women's roller derby league that includes transgender women among its players.
What the Law Said — and Why the Court Struck It Down
Nassau County passed Local Law No. 3-2024, which blocked any sports league designated for women or girls from using county park facilities if it allowed "biological males" to compete. The county argued it had the power to set rules for its own parks. The Appellate Division disagreed. The court found that the New York State Human Rights Law (NYSHRL) and Civil Rights Law § 40-c both explicitly prohibit discrimination based on gender identity or expression in places of public accommodation — and county parks qualify as public accommodations. Because the local law directly conflicted with those state protections, it was preempted and therefore invalid. Under New York law, a local government cannot pass rules that contradict state civil rights statutes.
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The court also clarified the legal definitions at play. Under New York regulations, discrimination based on gender identity or expression counts as sex discrimination. Gender identity includes a person's actual or perceived gender-related characteristics, regardless of the sex assigned at birth — and that explicitly covers transgender status. The Roller Rebels had already won a preliminary injunction blocking the law while the case was pending. Now, with the Appellate Division's ruling, the lower court must enter a final judgment declaring the law invalid.
What This Means for Immigrants
This ruling matters beyond roller derby. The New York State Human Rights Law protects people from discrimination based on gender identity or expression — and it also lists citizenship or immigration status as a protected category in public accommodations. That means immigrants, including undocumented people, have the same right to access public parks, recreation facilities, and other public accommodations as anyone else in New York. A local government cannot pass a law that strips those protections away, even indirectly.
What to do
- If you believe a local law or government policy in New York is blocking your access to a public space or service because of your immigration status, gender identity, or another protected characteristic, document what happened — dates, locations, what was said or posted.
- Contact a civil rights organization such as the New York Civil Liberties Union (NYCLU) or an immigration lawyer to review whether your situation falls under the NYSHRL or Civil Rights Law § 40-c.
- Know that New York State law protects immigrants in public accommodations regardless of immigration status — this protection exists independently of federal immigration enforcement.
- If you are in removal proceedings or have an immigration court hearing coming up, a civil rights violation in New York does not directly stop deportation — consult an immigration attorney about how your specific situation may be affected.
A full breakdown of this topic — in our guide “Immigration Court Rulings”.
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This ruling reinforces that New York State's Human Rights Law sets a floor of protection that local governments cannot undercut — and that floor explicitly covers immigration status in public accommodations. If you are an immigrant in New York and a county or city agency denies you access to a public facility, you may have a viable claim under Executive Law § 296 without needing to prove your federal immigration status is lawful. That said, a civil rights claim and an immigration case run on separate tracks — winning one does not automatically protect you in the other. Consult both a civil rights attorney and an immigration lawyer to understand how each proceeding affects you.
Frequently Asked Questions
Does this ruling protect immigrants in New York from discrimination at public facilities?
Yes. The New York State Human Rights Law lists citizenship or immigration status as a protected category in public accommodations. The Appellate Division's ruling confirms that local governments cannot pass laws that conflict with those state protections. That means a county or city cannot legally bar immigrants from using public parks or recreation facilities based on their immigration status.
What is a 'place of public accommodation' under New York law?
It is any place open to the general public — including parks, gyms, restaurants, stores, and government-run facilities. Under the NYSHRL, owners and operators of these places cannot discriminate based on race, national origin, immigration status, gender identity, or other protected characteristics.
Can a local government in New York override state civil rights protections?
No. The Appellate Division ruled that local laws cannot conflict with New York State's Human Rights Law or Civil Rights Law § 40-c. If a county or city passes a rule that contradicts state civil rights protections, the state law wins and the local rule is invalid.
Does winning a civil rights case in New York stop a deportation order?
No. A civil rights case under New York State law and a federal immigration removal case are separate legal proceedings. A favorable ruling in state court does not cancel a removal order or stop ICE enforcement. If you are in removal proceedings, you need an immigration attorney to handle that case separately.