NY Court Strikes Down Nassau Trans Sports Ban in Parks
Nassau County passed a law in 2024 banning transgender women from women's sports teams at county parks. New York Attorney General Letitia James sued to block it. In November 2026, the Appellate Division, Second Department ruled the law was invalid — because it violated New York State's Human Rights Law and Civil Rights Law, which protect people in public spaces based on gender identity and immigration status alike.
What if a local law blocked your team from using a public park — and a state court just ruled that law was never valid? That is exactly what happened in Nassau County. In November 2026, New York's Appellate Division, Second Department reversed a lower court and struck down Nassau County's Local Law No. 3-2024, which had barred transgender women from competing on women's sports teams at county parks and facilities.
What the court decided — and why it matters
Nassau County passed the law in 2024. It prohibited county park permits for any women's or girls' sporting event that allowed transgender women to compete. New York Attorney General Letitia James sued to block the law. A Nassau County Supreme Court judge sided with the county in October 2025 — but the Appellate Division reversed that ruling in November 2026.
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The appeals court found the county law directly conflicts with two state statutes: the New York State Human Rights Law (NYSHRL) and Civil Rights Law § 40-c. Both laws ban discrimination based on gender identity or expression in places of public accommodation — which includes county parks. Under New York regulations, discrimination based on gender identity is also considered sex discrimination. Because the county law contradicted state law, the court ruled it was preempted and therefore invalid. The case now returns to Nassau County Supreme Court to enter a formal judgment declaring the local law unconstitutional.
This ruling has broader implications for immigrants and others who rely on public spaces. County parks are public accommodations under New York law. Any local rule that restricts access based on gender identity — or, under the same statutes, national origin, citizenship, or immigration status — faces the same legal challenge. The NYSHRL explicitly lists citizenship and immigration status as protected categories in public accommodations. That means a county or municipality cannot legally bar someone from a park permit or facility based on where they were born or whether they are a citizen.
What to do
- If your organization was denied a park permit in Nassau County because of a team member's gender identity, consult an immigration or civil rights attorney — the court's ruling means that denial was based on an invalid law.
- Know your rights: New York's Human Rights Law protects people in public accommodations based on gender identity, national origin, and immigration status. These protections apply regardless of your citizenship or visa status.
- If you believe a local government denied you access to a public facility based on your immigration status or national origin, you can file a complaint with the New York State Division of Human Rights at dhr.ny.gov.
- Keep records of any denial — dates, written notices, names of officials — in case you need to support a future complaint or legal claim.
Related: our step-by-step guide — “Immigration Court Rulings”.
Fishkin Law Firm, New York
This ruling reinforces that New York's Human Rights Law creates a floor of protection that local governments cannot undercut — and that floor explicitly covers immigration status and national origin in public accommodations, not just gender identity. If a county or municipality has denied your organization or a client access to public facilities on any of these grounds, the preemption doctrine the court applied here gives you a strong legal basis to challenge that denial. Anyone who received such a denial should consult a civil rights or immigration attorney to assess whether a Human Rights Law complaint or court action is appropriate.
Frequently Asked Questions
Does this ruling affect immigrants or non-citizens in New York?
Yes, indirectly but importantly. The same New York Human Rights Law the court relied on also lists citizenship and immigration status as protected categories in public accommodations. That means a county or city cannot legally deny access to parks, pools, or other public facilities based on whether someone is a citizen or what their immigration status is.
Is Nassau County's sports law still in effect?
No. The Appellate Division ruled in November 2026 that Local Law No. 3-2024 is invalid and preempted by state law. The case goes back to Nassau County Supreme Court only to enter a formal judgment — the law itself has been struck down.
Who brought this case and what was the outcome?
New York Attorney General Letitia James filed the lawsuit on behalf of the People of the State of New York. After a lower court sided with Nassau County in October 2025, the Appellate Division reversed that decision in November 2026 and ruled in favor of the Attorney General.
What can I do if a local government in New York denies me access to a public facility based on my immigration status?
You can file a complaint with the New York State Division of Human Rights (dhr.ny.gov). The NYSHRL explicitly prohibits discrimination in public accommodations based on citizenship or immigration status. Keep written records of any denial — dates, notices, and the names of officials involved — and consider speaking with an immigration or civil rights attorney.