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Olympus Spa vows to take anti-Trans discrimination case to Supreme Court

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Photo by Isabel Mata
Photo by Isabel Mata

A spa in Lynnwood, Washington, has gained national attention following lawsuits regarding discrimination against Trans women. In May 2020, Transgender woman Haven Wilvich called Olympus Spa in Lynnwood to inquire about a visit. The spa informed Wilvich that because she is a Trans woman, she would not be allowed to partake of the spa's services. She then reported the business to the Washington State Human Rights Commission.

Photo courtesy of Olympus Spa  

Olympus Spa has been in business for more than 20 years. It is known for "Jjimjilbang"— a Korean-inspired wellness facility for women that requires nudity in certain areas of the spa. The spa contains a communal bath area with multiple whirlpool tubs, a traditional Korean body scrub service area, standing and seated showers, a steam room, and a dry sauna.

The WSHRC threatened spa owner Sun Lee with a lawsuit. Lee claimed that the business held a "biological women only" policy because the spa requires nudity in certain areas to which children as young as 13 have access.

The WSHRC offered Lee a settlement so long as he agreed to change the company's policy, noting that it violates Washington state's anti-discrimination laws. Lee signed the settlement in September 2021 but returned with his lawsuit just six months later.

Lee counters with his own suit
In his federal lawsuit, Lee claimed the settlement violated his first amendment rights to free speech and religion. He claimed that his spa had lost business after some patrons had seen "male genitals" and no longer felt safe. He also claimed that including Trans women at his establishment went against his Christian beliefs.

On June 5, the Western Washington District Court dismissed Lee's case. They ruled his rights were not violated. Dissatisfied with the ruling, Lee's lawyer has said they plan to take the case to the Supreme Court.

"My client is a traditional Korean spa, they are Christian, and their clientele are all women and they always have been," said Lee's attorney, Tracy Tribbet. "Part of [the spa's] process is nudity. It's not optional nudity, it's not you-have-a-towel-around-you nudity, it is a bona fide requirement, and it's part of the service."

"We feel that will give us the greatest opportunity to appeal this up to the US Supreme Court," Tribbet continued. Part of the spa's ongoing argument is that Wilvich purposefully filed the suit before receiving gender-affirming surgery. They also argue that the business should be allowed to discriminate against Transgender women because the spa was previously allowed to "discriminate against men."

"This is just [an excuse] for individuals who are mentally ill to come in and take advantage of a situation where women are vulnerable," Tribbet continued. "When you go and pay for the exclusivity of women's company, that's what you expect. This would be ruinous to the business of Olympus Spa and tantamount to a taking by the state because it changes the entirety of its business structure."

Photo by Isabel Mata  

The community protests
Following the District court's ruling, a group of Trans exclusionary radical feminists planned a protest outside the spa's Lynnwood location. On Saturday, June 17, around 50 members and supporters from Sovereign Women Speak, Gays Against Groomers, and Washington Three Percenters gathered in Lynnwood to express their disdain for the court's ruling. The three groups appeared to be working together to lead the protest while members of additional anti-Trans organizations surrounded them with transphobic signs and cheers.

Photo by Isabel Mata  

The anti-Trans protesters were met with twice as many counterprotesters. After the news that the right-wing organizations were to host a demonstration broke, pro-LGBTQ+ activists from across Seattle came together to show support for the Trans community. The supporters included those from Radical Women and National Mobilization for Reproductive Justice.

"What's going on right now is extremely dangerous and clearly connected to outright racist groups, with the Three Percenters using supposed defense of women to hide their agenda," Helen Gilbert, a member of Radical Women, said. "It is crucial for feminists — and really all people — to not let them use our name."

One Trans woman protesting on the scene noted there are many issues with accepting only Trans people who are able to receive surgery. "It's not like every Trans woman can get surgery or even wants surgery," she said. "Where else would I go? If I want to go to a spa, it would be kind of weird to go to the men's section," she added.

In anticipation of the protest, Olympus Spa closed for the day, boarded up its windows, and hired private security. Police were on the scene and stood between the protesters and counterprotesters.

Following the release of legal documents that included her name, Wilvich says she has received hate mail and death threats from people around the world. "It's still disappointing to see the amount of animosity that goes towards our community every time these laws are upheld," she told Fox 13. "I think minority people who report hate crimes and violations of human rights laws should be protected from public discourse," she said.

Wilvich did not attend the counterprotest. She plans to continue celebrating Pride with her wife as peacefully as possible.