Washington Panel Backs Genitalia-Based Nude Spa Rules

Washington's Human Rights Commission has voted to let businesses that require nudity limit entry to those spaces based on "genital characteristics," an emergency rule change that comes as a women-only Korean spa asks the U.S. Supreme Court to review the state's enforcement against it.

The commission voted without objection Oct. 22 to amend Washington Administrative Code 162-32-060, titled "Gender-segregated facilities."

The amendment adds a new Section 4 to the rule, which reads: "In the limited circumstance where a business requires nudity as a central purpose of the business, such business may maintain a rule that entry to spaces where nudity is required be based on genital characteristics."

"We're making a narrow change to address pending litigation and we're very committed to protect transgender rights in the state of Washington," Commissioner Han Tran said.

Commissioners met for nearly an hour in a closed executive session for a briefing on litigation before the vote.

The change does not take effect until the Washington Attorney General's Office files it.

Until then, WAC 162-32-060 still states that "all entities shall allow individuals the use of facilities consistent with the person's gender expression or identity," including locker rooms. Emergency rules in Washington can remain in effect for up to 120 days.

The vote comes amid a yearslong legal fight with Olympus Spa, a Christian-owned Korean spa with locations in Lynnwood and Tacoma that requires patrons to be nude in its pool areas and serves only women.

In 2020, Haven Wilvich, who identifies as a nonbinary transgender woman, filed a complaint with the commission after the spa said it would not admit transgender women who had not undergone surgery.

The commission told the spa its policy violated the Washington Law Against Discrimination, which bars discrimination based on gender expression or identity in public accommodations, and the spa entered a settlement in 2021.

The spa later sued, arguing the state's enforcement violated its rights to free speech, religious freedom and free association. A federal judge ruled against the spa, and a divided panel of the 9th U.S. Circuit Court of Appeals upheld that decision.

Olympus Spa petitioned the Supreme Court in August. The state's response is due Dec. 4.

Kevin Snider, an attorney for the spa, said his team is "weighing the legal effect of the Commission's actions," noting the commission cannot change the underlying state law, Just the News reported.

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