JACKSON THOMPSON: Democrat-appointed judges hand Letitia James win over county trying to protect girls sports

A New York appeals court Wednesday struck down Nassau Countys law barring transgender girls and women from womens sports teams using county facilities, handing Attorney General Letitia James a victory in her legal battle with Bruce Blakeman.

The unanimous ruling by a four-judge panel of the Appellate Division, Second Department, reversed a lower-court decision upholding the restrictions. The judges found that the county law conflicted with New Yorks statewide antidiscrimination protections.

Nassau County Attorney Thomas Adams indicated the county would continue fighting.

"We are reviewing the decision with the intention to continue the appeals process," Adams said in a statement.

The decision came one day after Blakeman lost his gubernatorial challenge to Democratic Gov. Kathy Hochul. James also won reelection Tuesday.

All four judges who joined the ruling were elevated to the appellate court by Democratic governors. Former Gov. Andrew Cuomo appointed Justice Betsy Barros in April 2014 and Justice Deborah Dowling in June 2021. Hochul appointed Justice Barry Warhit in May 2022 and announced Justice Lisa Ottleys selection earlier this year.

State election records list Barros, Dowling and Warhit as Democratic candidates in their judicial election histories. Ottley ran for state Supreme Court in 2018 on the Democratic, Republican and Conservative ballot lines, according to New York Citys official voter guide.

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The appeals court held that Nassaus permit restrictions were preempted by the state Human Rights Law and Civil Rights Law, which prohibit discrimination based on gender identity or expression. It directed the lower court to enter a judgment declaring the measure invalid under the state Constitution and Municipal Home Rule Law.

"Nobody should have to fight to play the game they love. Transgender athletes have the right to play on the court, field, or roller rink like everyone else, and today the Second Department made clear that Nassau County cannot ban them," James said in a statement.

"No one asked for this illegal and exclusionary policy. Bruce Blakeman was just trying to stop athletes from playing with their teammates. I am pleased the court saw right through it."

The county law required organizations seeking permits for sporting events at county facilities to designate themselves as male, female or coed based on biological sex at birth. It prohibited permits for female events that allowed male competitors, while permitting female athletes in male and coed categories.

The restrictions did not prohibit transgender athletes from all sports participation. They prevented teams designated for women or girls from obtaining county permits if they included transgender female competitors.

The measure affected more than 100 county facilities, including athletic fields, basketball and tennis courts, swimming pools and ice rinks, according to James office.

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Blakeman first imposed the policy through a February 2024 executive order. After a judge struck down that order on the grounds that he lacked authority to issue it, the county Legislature passed legislation reinstating the restrictions. Blakeman signed the law July 15, 2024, prompting separate lawsuit