Federal judge claims Seattle Korean 'women-only' nude spa policy is akin to 'whites only' laws

A federal judge in the Ninth Circuit Court of Appeals claimed that a Washington state's women-only nude spa policy is akin to racist "whites-only" laws prior to the Civil Rights movement. Judge Margaret McKeown made the comments during a hearing in Olympus Spa v. Armstrong on Monday, during which the Korean female-only nude spa appealed a lower court decision requiring them to admit men who claim to be women. A Seattle judge ruled in 2022 that the business discriminated against a trans-identified male, who had fully intact genitals, by requiring that only non-male persons were permitted in the nude spa.

During the recent hearing, Judge McKeown, appointed by Bill Clinton, fired back at the spa's lawyer, Kevin Snider, after he argued that Olympus Spa's female-only nudity policy is consistent with state codes.

"If you have a law that says, 'white applicants only,' this is 'biological women entrance only.' It seems to me they're quite parallel there," McKeown said. "And you can't have 'white people only' come into my restaurant, and then you say, 'Well, no, we have a religious, spiritual nature to our restaurant, and when you get there, we serve you special food.' This seems quite different."

The Olympus Spa follows the Korean tradition of jjimjilbang, or sex-segregated bathhouses, and requires its all-female customers to be nude. Snider argued that the First Amendment renders protection of cultures, thus the spa should be allowed to keep its female-only tradition. Because of its nude policy, Snider told the court that women, including minor girls, would be subjected to a man invading their intimate female-only spaces. The spa permits girls as young as 13-years-old and males who have been castrated.

Judge McKeown went on to argue that a business cannot discriminate based on someone's gender identity. She slammed the female-only policy once again, saying, "It's not really 'biological women are welcome.' It means non-biological women are not welcome.' I mean, that's the reality."

Judge Kenneth Lee, who was appointed to the Ninth Circuit Court of Appeals by Donald Trump in 2019, had a different perspective on the case. He claimed it wasn't as black-and-white as Judge McKeown suggested, and that there was a significant "gray area" because the case involved minor females and Constitutional cultural protections.

Background
 

Olympus Spa is a Korean female-only nude spa with several locations throughout Washington state. In 2022, the establishment filed a lawsuit against the Washington State Human Rights Commission after the body determined that the spa discriminated against a males who claim to be women and ordered the owners to amend their policy to welcome those males into their female-only facilities. The man, Haven Wilvich, filed a lawsuit in 2020 after allegedly being refused entry at the Lynwood location due to his male genitalia. A Seattle court dismissed the claim and ordered the spa to accept trans-identified males, regardless of their surgical status, without limitations.

The WSHRC had previously ruled that discrimination had occurred and mandated that the spa erase the phrase "biological women" from its website, require "inclusivity" training for its employees, and permit fully intact males into its female-only facilities. The spa has locations in Lynnwood, WA, and Tacoma, WA.

Wilvich claimed in May 2020 that he had been discriminated against due to his gender identity. He had attempted to purchase a membership at Olympus Spa four months prior and was denied due to his male member. Despite Wilvich's assertion that the spa had informed him that "transgender women without surgery are not welcome because it could make other customers and staff uncomfortable," no one on the staff could recall conversing with him, and there were no records indicating that he had submitted an application.

Myoon Woon Lee, the owner of the spa, and Sun Lee, the president, justified the policy by referencing the Korean tradition of jjimjilbang, sex-segregated bathhouses, and their Christian faith. They refused to retract their stance when the WSRHC informed them less than a year later that they had discriminated against Wilvich.

The Ninth Circuit Court of Appeals did not yet issue a decision in the case. The judges will reach a decision at the next hearing, which has not yet been scheduled. The hearing took place at the William S. Nakamura Federal Courthouse in downtown Seattle.