Scroll down for a March 2026 update to this case.
WDI USA has filed a friend of the court brief in a case called Olympus Spa, et al. v. Armstrong, et al. At issue in the case is the ability of a female-only nude spa to exclude men. A man named Haven Wilvich had been excluded from the spa, which has a clear women-only policy. He brought the spa before the Washington State Human Rights Commission. He won, and the spa fought back by filing a federal lawsuit.
In its order dismissing the spa’s complaint, the District Court for the Western District of Washington repeatedly used the phrase “transgender women with male genitalia” uncritically and without explanation. The case is now before the Ninth Circuit Court of Appeals. As we say in our brief, “It is truly a testament to where we are as a society today that it must be said in the context of federal civil rights litigation that women don’t have penises.”
From the brief:
“WDI USA is interested in this appeal for three reasons. First, as an organization, we can hardly protect the rights of women and girls to associate exclusively with other women and girls if places of public accommodation like Olympus Spa are legally prohibited from excluding men and boys on the basis of their “gender expressions or identities.” Second, we think states like Washington are on a collision course: They cannot, as a practical matter, enforce both public accommodations laws like the Washington Law Against Discrimination (WLAD), Wash. Rev. Code § 49.60.040(27), and also state criminal laws like those prohibiting voyeurism and indecent exposure. Third, the linguistic destabilization caused by uncritical use of words like “transgender” and “gender expression or identity” is producing massive confusion throughout society and undermining decades’ worth of case law designed to protect women and girls as a sex class. In view of its work on these issues, WDI USA has a meaningful perspective to offer the Court.”
March 2026 Olympus Spa Update
On March 12, 2026, the spa’s motions for rehearing were denied, which was not surprising to us. What was surprising was the dissenting opinion of Judge Lawrence Vandyke. His dissent began with the sentence “This is a case about swinging dicks”, sparking a national controversy.
He went on to cite WDI USA’s amicus brief four times in his dissent. This is the first time WDI USA has been cited in a federal appellate opinion and it is a testament to the importance of our legal work. Our amicus briefs are being read and they are influencing the judges who read them. Scroll to page 60 to find his opinion, or run a search for “Women’s Declaration” to see our work cited!
Olympus Spa’s lawyers have announced that they will be petitioning for certiorari asking the Supreme Court to take up the case. They have invited WDI USA to file an amicus brief in support of their petition. We are considering doing so.
Please consider contributing to support our work. Join us in standing up for the rights of girls and women to be free from “swinging dicks” in their spaces.
Exactly!
Thank you for standing up for Women born with REAL Vaginas! The invasion of our safe spaces has to end.
Thank you so much for filing this amicus brief. I live in WA, I’ve been to the Olympus Spa a couple of times long before it was invaded by men, and it was a wonderful place. I often remember how incredibly relaxing it was to be surrounded by women only and to only hear other female voices. The Olympus Spa was truly a refuge, and this is a very important case for all of the reasons WDI has stated.