Washington women's spa with compulsory nudity is ordered by judge to start admitting trans women
A women's spa, where nudity is compulsory, has been ordered by a judge to admit pre-op trans women with penises after an activist complained when the owner tried to ban them.
Olympus Spa had attempted to sue the Washington State Human Rights Commission (WSHRC) after being ordered to change their rules.
Trans woman Haven Wilvich's membership application for the Korean spa was declined. She alleged the spa told her 'transgender women without surgery are not welcome' and complained to the commission.
The family-owned spa, which has a branch on the outskirts of Seattle and one in Tacoma, is modeled on Jjimjilbang - sex-segregated bath houses in Korea - and offers monthly memberships and day passes.
Now, a Washington District Court has dismissed the lawsuit filed by the spa and upheld the original ruling by the WSHRC. The Pacific Northwest state is one of several Dem-run areas where trans people are permitted to use facilities which align with their gender without question.
In her judgement, District Court Judge Barbara Jacobs Rothstein upheld the ruling made by the WSHRC and said that the measures taken to the prevent the spa from having a female-only policy had been lawful.
Haven Wilvich, pictured, had applied to join the spa but was denied. Olympus Spa offers memberships and day passes
Wilvich claimed the spa said 'transgender women without surgery are not welcome' and complained to the commission
In the initial complaint to the commission, Wilvich said she was a transgender woman who was 'biologically male' and had not undergone sex reassignment surgery.
Wilvich alleged that she had gone to the spa in January 2020 in search of a service but was discriminated against.
She claims that Olympus Spa told her that 'transgender women without surgery are not welcome because it could make other customers and staff uncomfortable.'
In March 2021, the WSHRC had served the spa owner Myoon Woon Lee and the spa's President Sun Lee with a Notice of Complaint of Discrimination.
The commission asked them to respond to the claims made by Wilvich, with Sun Lee releasing a statement standing by their decision.
Lee explained that Olympus was a family-owned 'women's Korean traditional health spa' and noted that nudity was required for certain treatments.
He wrote: 'We firmly believe it is essential for the safety, legal protection, and well-being of our customers and employees that we maintain adherence to this adaptation of a females-only rule.'
Lee explained that Olympus was a family-owned 'women's Korean traditional health spa' and noted that nudity was required for certain treatments
Wilvich alleged that she had gone to the spa in January 2020 in search of a service but was discriminated against.
The spa disputed the Wilvich's claims, asserting they had no documentation showing she had ever applied to enter the facility.
Lee also provided an education on the traditions of Jjimjilbang, which are large sex-segregated bath houses in Korea.
He concluded their response by saying that the spa was 'willing to consider a review of [its] current biological females only policy'.
The caveat to that Lee said was that 'we are unwilling to remake the 'jjimjilbang'' given they had 'worked so hard over many years to build and preserve, simply for the sake of promoting gender neutrality.'
Judge Barbara Jacobs Rothstein upheld the ruling made by the WSHRC and said that the measures taken by them had been lawful
The two also said that they are both Christian, and cited their faith as reasons as to why they did not wish to accommodate males in the facility.
The spa disputed the Wilvich's claims, asserting they had no documentation showing she had ever applied to enter the facility.
But the WSHRC upheld their ruling, and offered the spa a Pre-Finding Settlement agreement to avoid prosecution.
The Pre-Finding Settlement required the spa to remove all references to 'biological women' on their site, and provide staff with 'inclusivity' training.
This the prompted the lawsuit from the Spa, saying their First Amendment rights had been violated.
The court offered Olympus Spa 30 days to amend their complaint and refile.
Wilvich had previously boasted about the success of her complaint on Facebook after the initial WSHRC ruling.
She said: 'I did it! I worked with the WSHRC and got Olympus Spa (the main naked lady spa in the area) to change their policies and allow all self-identified women access regardless of surgery and genitals.'
In another post she said: 'Making fun of Viagra or small penises isn't the feminist act you think it is. It harms trans women and femmes with penises.'
Wilvich had previously boasted about the success of her complaints on Facebook after the initial WSHRC ruling
The spa disputed the Wilvich's claims, asserting they had no documentation showing she had ever applied to enter the facility
Wilvich had previously sat on the board of the Seattle Nonbinary Collective, and described himself as a 'a tall, bearded, transfemme, King County native'
Wilvich also posted on Facebook, writing: 'I realized something important today. I'm more woman than any TERF will ever be because I am an intentional woman whereas they are only incidental.'
Prior to Wilvich's transition, she sat on the board of the Seattle Nonbinary Collective, and described herself as a 'a tall, bearded, transfemme, King County native.'
Olympus Spa is not the first Korean spa in the United States to come into the crosshairs of the gender ideology debate over the past two years.
Suspect Darren Merager spent 15 months on the run following the controversy, which triggered riots between Antifa and women's rights campaigners.
Merager faces five felony counts of indecent exposure.
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