Appellate Division, Second Department · November 4, 2026 · 2026 NY Slip Op 06427
Nassau’s local law on transgender athletes at county park events is preempted by the Human Rights Law and Civil Rights Law
Long Is. Roller Rebels v County of Nassau
Read the official decision: 2026 NY Slip Op 06427
Holding The local law prohibiting the use of county park property for sporting events that allow biological males to compete in women’s categories is invalid because it is preempted by the New York State Human Rights Law and Civil Rights Law § 40-c. The court held that the law discriminates based on gender identity or expression, which is expressly prohibited for places of public accommodation.
Why it matters
Invalidates a local law restricting transgender participation in women’s sports on public property
Applies state civil rights preemption to local police power regulations
The court’s words
the local law's permitting scheme conflicts with, and is invalid as preempted by, the NYSHRL and Civil Rights Law § 40-c
2026 NY Slip Op 06427, at the official text
Discrimination on the basis of gender identity or expression is also sex discrimination
2026 NY Slip Op 06427, at the official text
Gender identity or expression means a person's actual or perceived gender-related identity, appearance, behavior, expression or other gender-related characteristic
2026 NY Slip Op 06427, at the official text
A transgender person is an individual who has a gender identity or expression different from the sex assigned to that individual at birth
2026 NY Slip Op 06427, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | November 4, 2026 |
| Citation | 2026 NY Slip Op 06427 |
| Area of law | Civil Rights and Constitutional Law |
| Week | Week ending November 7, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06427 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1722 |
Same court and area in the last 180 days
- People v County of Nassau2026 NY Slip Op 06472
The local law prohibiting the use of county park property for sporting events that allow biological males to compete on teams designated for females is invalid as preempted by the New York State Human Rights Law and Civil Rights Law. The court held that the law constitutes discrimination based on gender identity or expression, which is expressly prohibited by state law.
- Irish v Tropical Emerald, LLC2026 NY Slip Op 06423
The plaintiff is not collaterally estopped from asserting claims under the NYSHRL and NYCHRL based on a prior federal court’s dismissal of ADA claims because the state laws require independent analysis under different legal thresholds. The federal court’s determination that barrier removal was not ‘readily achievable’ under the ADA does not preclude the plaintiff from arguing that such removal would not cause ‘undue hardship’ under the NYCHRL or NYSHRL.
- Tullis v City of Yonkers2026 NY Slip Op 05987
The court affirmed the dismissal of false arrest, false imprisonment, and malicious prosecution claims against the officers and the City because identified citizens provided sufficient information to establish probable cause. The court further held that the City could not be held vicariously liable for the officers’ actions and dismissed the negligent supervision claim as a result.
- Martinez v Hands of Hope P.T., P.C.2026 NY Slip Op 05949
The court affirmed the dismissal of the plaintiff’s claim under the New York City Human Rights Law against the employer, holding that a physical therapist assistant’s sexual assault was outside the scope of employment. The court determined that such conduct, committed for wholly personal motives, does not further the employer’s business and thus precludes vicarious liability.
- Town of Greenburgh v State of New York2026 NY Slip Op 05567
The court held that Laws of 2024, chapter 7 is a general law rather than a special law, despite containing a specific exemption for Edgemont, and therefore did not require a home rule message. Additionally, the individual plaintiffs lacked standing to maintain the third and fifth causes of action because their asserted injuries were speculative and not distinct from the general public.
Recommended citation
ESQ HQ, New York Law Watch, Long Is. Roller Rebels v County of Nassau, 2026 NY Slip Op 06427 (Appellate Division, Second Department, November 4, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06427/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
Read how Law Watch worksFeatured by Eric McAvey, November 14, 2026.