The San Diego Velodrome is sticking with plans to host bike races sanctioned by USA Cycling (USAC), after dozens of members raised objections to the national organization's policy on transgender athletes. Velodrome officials also say they have found a solution that will allow the full participation of trans women at the racetrack.
Still, the controversy has caused a lingering rift in the bike racing community, with some saying any collaboration with USAC makes the velodrome complicit in anti-trans discrimination.
Last month KPBS reported that the San Diego Velodrome, a 333-meter racetrack in Balboa Park, had begun hosting races sanctioned by USAC, the national governing body for bicycle track racing. In September, under pressure from the Trump administration, USAC adopted a prohibition on trans women participating in women's races.
The first USAC races at the velodrome in years were held on April 4. The women's race took place without incident. No trans women sought to participate, and no racers were turned away.
Roger Ainslie, president of the San Diego Velodrome Association (SDVA), the nonprofit that operates the racetrack, told members this month that no discrimination has taken place at the velodrome. Trans women can still obtain race licenses from USAC, he said, and no velodrome volunteers would question their eligibility for the women's category.
"SDVA has not excluded trans women from racing and … SDVA has not adopted, enforced, or administered an exclusionary policy against trans women," Ainslie said in an email to KPBS.
But critics have countered that a trans woman seeking to enter a USAC women's race would still be breaking USAC rules. Ainslie also acknowledged that knowingly violating USAC's gender policy was not a workable solution.
"While we will not deny someone access, having trans riders compete in our women’s races could potentially risk us losing USA Cycling eligibility," Ainslie wrote in an email to members on May 8.
The workaround, Ainslie said, would be to administer all future USAC races as "open" races in which anyone of any gender can compete. Some of those races are still being advertised as women's races with the expectation that participants will select the races that align with their gender identity.
The velodrome's website currently lists USAC races scheduled for June 16, July 21, Aug. 18 and Sept. 15 — all coinciding with the velodrome's popular Tuesday Night Racing event.
"In practice, that preserves the thing that matters most: trans women can still race in our Women+ field alongside other women in our community without ever fearing that USA Cycling can deny them access to those races," Ainslie said in the email. "The women in that field will be scored the same as any other women’s field, and any upgrade points won during those races would apply in the same manner. We have discussed this openly with USAC, and they agreed that this is a practical solution they welcome."
In a virtual town hall meeting for velodrome members on May 9, several racers said they wanted to keep hosting USAC races so they can earn the upgrade points that allow them to compete nationally. The nearest velodrome that hosts USAC races is more than 100 miles away in Carson.
Others in the town hall said the presence of USAC has unnecessarily divided the community and spoiled the informal, fun-loving atmosphere they treasure at the velodrome. USAC is more focused on competition than recreation, they said.
Trans women in other states have sued sports organizations that exclude them from the women's category and won under state civil rights laws, said Alejandra Caraballo, a civil rights attorney and clinical instructor at Harvard Law School.
Last October, the Minnesota Supreme Court ruled in favor of a trans woman who sued USA Powerlifting over its categorical exclusion of trans women from women's competitions. Earlier that month, a New York appellate court blocked Nassau County from enforcing a law banning trans women and girls from female sports at county facilities. The challenge to that law is still pending.
Studies have found trans women have similar strength and endurance to cisgender women after one to three years of gender-affirming hormone therapy. Prior to September, USAC allowed trans women to compete in women's races if they submitted medical records and could prove their hormone levels are similar to those of cisgender women.
"A lot of sporting organizations had worked in good faith with both intersex and trans advocates to establish policies that allow for maximum participation with reasonable restrictions," Caraballo said.
The San Diego Velodrome Association's decision to host all USAC races under the gender-neutral "open" category makes a gender discrimination lawsuit unlikely, Caraballo said. Such lawsuits are already rare, she added, because they require a plaintiff who has personally experienced discrimination and is willing to subject themself to scrutiny in the media and the courts.
"Any person who goes forward with a challenge could be subjected to not only intense scrutiny, but personal threats, death threats, harassment, all kinds of risk on their end," Caraballo said.
KPBS previously reported that Alreen Haeggquist, a lawyer who specializes in employment and discrimination law, believed the velodrome association's choice to host USAC races exposed it and the city of San Diego to potential legal liability. She said a hypothetical lawsuit would require a plaintiff who was turned away from a race because they are trans.
Because no one was turned away from any races, no such plaintiff appears to exist. And the velodrome’s workaround with USAC appears to make it less likely that one would come forward in the future or that there would be any issues with access to the track.
Cole Hanson, a cyclist who has raced at the velodrome for 10 years, told KPBS he was frustrated that velodrome officials seemed to have decided to continue partnering with USAC before the town hall meeting took place.
Hanson said he believes the velodrome has become "an environment that is unwelcoming and potentially fearful for trans women to sign up for this open category."
"Just saying in word that it's available and it's open isn't making it welcoming, especially after all that's transpired," he said.
For his part, Ainslie said in his email to members that “this community has welcomed trans riders, continues to do so, and is trying to navigate a difficult issue in a way that preserves both inclusion and opportunity.”