Ken Paxton sues adult swimming organization for allowing transgender competitors at San Antonio event
Sign up for The Brief, The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.
Attorney General Ken Paxton sued an adult swimming organization Thursday for allowing transgender athletes to race in a San Antonio competition in April, claiming it constituted “misleading” business practice.
Paxton’s lawsuit against U.S. Masters Swimming, a membership-based nonprofit promoting health and fitness for adults composed of several clubs across the country, follows an investigation into the organization he announced in May. The suit claims the organization violated the state’s Deceptive Trade Practices Act by allowing two trans women to compete in women’s events during its Spring Nationals competition in San Antonio.
The competition had previously been scrutinized after 47-year-old Ana Caldas, one of the two trans competitors, won first place in five separate women’s age 45-49 races during the event. About 25% of the organization’s 60,000 members take part in their competitive events, while most other members are focused on health and fitness, a spokesperson with Masters Swimming said Friday.
Paxton’s office seeks up to $10,000 for each alleged trade practice act violation, according to the suit. In a statement, Paxton called the organization’s policy on allowing trans athletes to compete “insane,” and said the lawsuit would protect the integrity of women’s sports.
“The organization has cowered to radical activists pushing gender warfare, and it has deprived female participants of the opportunity to succeed at the highest levels by letting men win countless events,” Paxton said.
A Masters Swimming spokesperson said in a statement to the Texas Tribune they first were made aware of the lawsuit through a social media post on Thursday. The organization said it had been cooperative with Paxton’s investigation and would continue to be.
“It is deeply disappointing to see our organization and individual members publicly targeted in a lawsuit that appears to be more about generating headlines than seeking justice,” the statement read.
The organization updated its policy on allowing trans athletes to compete in their events weeks before Paxton’s suit was filed, shifting guidelines to prevent trans athletes from being recognized for placing in events but still allowing them to compete in categories matching their gender identity. Masters Swimming said it made the change in response to feedback from Paxton’s office during the investigation, however Paxton called the change “too little, too late” in the lawsuit.
On Tuesday, Florida Attorney General James Uthmeier also threatened legal action against the company, claiming its new policy was in violation of Florida discrimination and public nuisance laws.
Paxton’s suit against Masters Swimming is not the first time in recent months the state’s top law enforcer has labeled the inclusion of trans athletes as deceptive business practice. In late 2024, Paxton sued the National Collegiate Athletic Association for its transgender athlete policy, levying much of the same charges as those filed against Masters Swimming.
The NCAA restricted what teams trans athletes can play on in response to an executive order in February. Texas banned trans athletes from competing on college sports teams not matching their sex assigned at birth in 2023.
The lineup for The Texas Tribune Festival continues to grow! Be there when all-star leaders, innovators and newsmakers take the stage in downtown Austin, Nov. 13–15. The newest additions include comedian, actor and writer John Mulaney; Dallas mayor Eric Johnson; U.S. Sen. Amy Klobuchar, D-Minnesota; New York Media Editor-at-Large Kara Swisher; and U.S. Rep. Veronica Escobar, D-El Paso. Get your tickets today!
TribFest 2025 is presented by JPMorganChase.