A New York roller derby league has lost its bid to temporarily block a local ban on transgender female athletes. Nassau County Supreme Court Judge Bruce Cozzens on Tuesday denied a request by the Long Island Roller Rebels to prevent Nassau County from enforcing its ban while its lawsuit is considered by the court.
In July, local lawmakers in the suburban county east of New York City banned transgender women and girls from playing on female sports teams at the county's roughly 100 parks and recreational facilities. The judge determined the new law does not exclude transgender women and girls from public facilities based on their gender identities as they can still play in coed sports leagues. He said allowing transgender women to play in female sports creates additional risk of injury and potential liability for the local government.
“There can be no question (even without discovery) that a biological male regardless of transitioning would be possessed of greater athleticism and speed, strength, muscle mass, stronger hearts and greater bone density," Cozzens wrote. "The goal of the local law is to provide a safe environment for individuals who are born female to play.”.
The roller derby league and the New York Civil Liberties Union, which filed the lawsuit on the league's behalf, said they were disappointed by the ruling and intend to appeal it while their litigation proceeds. Gabriella Larios, a staff attorney for the NYCLU, called the judge's ruling an “outlier” that is inconsistent with other court decisions, and state laws protecting human rights and civil rights.