New York county exec sues AG James over his trans athletes ban in women's sports

An elected official in a New York City suburb is suing state Attorney General Letitia James to block her from preventing his order that bans transgender athletes from competing against biological females in sporting events at facilities within his county. 

Nassau County Executive Bruce Blakeman is suing James over her cease-and-desist letter regarding the matter and is asking a federal court in the Eastern District of New York to rule that he has the power to implement the ban. 

The lawsuit stems from a Feb. 22 executive order issued by Blakeman that forbids trans athletes from competing against biological females at Nassau County facilities, including parks and other county property. 

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Nassau County, New York, Executive Bruce Blakeman has asked a federal court to affirm that he has the power to implement the ban prohibiting transgender athletes from participating in girl's and women's sports competitions.  (AP Photo/Philip Marcelo)

"We set forth this policy because of the unfair competitive advantage that males have," Blakeman said Wednesday during a news conference at his Mineola, Long Island, office. "They’re bigger, faster and stronger. It’s a scientific fact."

Blakeman and parents Marc and Jeanine Mullen, who are plaintiffs in the lawsuit and whose 16-year-old daughter competes in women’s volleyball in Nassau County, said an "unfair playing field is created when a biological male competes against biological females, and further recognizing the risk of serious injury to biological females."

"By this action, the plaintiffs seek to prevent the defendants from doing exactly what it is that they have alleged the County of Nassau and County Executive Bruce A. Blakeman have done: unconstitutionally discriminating against individuals on the basis of gender in the limited and narrow context of sporting events," the lawsuit states. 

Blakeman’s order requires any sports teams, leagues, programs or organizations seeking a permit from the county’s parks and recreation department to state the athletes' "biological sex at birth."

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New York Attorney General Letitia James speaks during a news conference in New York on Sept. 21, 2022. (AP Photo/Brittainy Newman)

Having biological males compete against females creates an unfair and dangerous environment since biological men are generally stronger and faster than women, the complaint said. Those differences are not erased just because someone has sex reassignment surgery, according to the lawsuit. 

"If biological men are allowed to compete with biological females, it erases all the hard-earned progress and — more importantly — creates an unsafe and dangerous environment for those biological females to play in," it said. 

"Just last month it was reported that a girls basketball team went so far as to forfeit a game because a transgender girl injured three girls and the coach felt compelled to terminate his team’s participation in order to prevent further injury to the biologically female athletes by the 6-foot-tall biologically male transgender player," the complaint said.

A spokesperson for James' office told Fox News Digital that Blakeman's order is "transphobic."

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"County Executive Blakeman’s executive order is transphobic and discriminatory. Our laws protect New Yorkers from discrimination, and the Office of the Attorney General is committed to upholding those laws and protecting our communities," said the spokeperson.

"This is not up for debate: the executive order is illegal, and it will not stand in New York."

Blakeman defended his lawsuit in an interview with OutKick contributor Riley Gaines on the "Gaines for Girls" podcast.

He pushed back against James' claim that the lawsuit is transphobic, saying women are a protected class, and he feels that James is not living up to her responsibility to protect women.