Appeals Judges Upset By “Crude” Dissent Mocking Majority For Permitting Naked Men In Women-Only Nude Spa
Dissent: “This is a case about swinging dicks…. But as much as you might understandably be shocked and displeased to merely encounter that phrase in this opinion, I hope we all can agree that it is far more jarring for the unsuspecting and exposed women at Olympus Spa— some as young as thirteen—to be visually assaulted by the real thing.”
In 2020, Olympus Spa, a traditional Korean women-only, nude spa in Washington State, denied entrance to a man, claiming to be a woman. According to court records, the family that owns and operates the spa is Christians who hold religious convictions about unmarried men and women being unclothed together.
Haven Wilvich, the man who was unhappy being prevented from being nude with nude women who had sought out a single sex spa, responded by filing a complaint with the Washington State Human Rights Commission (WSHRC).
[Haven Wilvich, a man who successfully claimed it is discriminatory under Washington State law to prevent him from entering a women-only, nude spa (Image via YouTube Video)]
Washington State’s anti-discrimination laws provide that “’Sex’ means gender” and “’sexual orientation’ means heterosexuality, homosexuality, bisexuality, and gender expression or identity.” It also provides protection under “gender identity” regardless of whether or not someone’s appearance “is different from that traditionally associated with the sex assigned to that person at birth.”
Meaning, any man – even one with a penis, a full beard, dressed in what is generally considered men’s attire and sporting a men’s haircut – can declare himself a “woman” and he legally must be treated as such. This includes having the “full enjoyment of any of the accommodations, advantages, facilities or privileges of any place of public resort, [or] accommodation.”
The complaint filed with WSHRC resulted in a settlement agreement in 2021, which required the Spa to comply with the State law and to remove the phrase “biological women” from its entrance policy. The agreement preserved the Spa’s right to bring a constitutional challenge to the agreement, which it did.
As Legal Insurrection wrote about at the time, the Spa’s complaint resulted in a ruling by a district court judge upholding the state law and dismissing the Spa’s complaint that its First Amendment rights were violated.
That decision was appealed to a three-judge appellate panel, which also dismissed the Spa’s First Amendment challenge to the law. The Spa claimed the law violated its rights to freedom of speech, religion and association. The 2025 decision denied this claim, determining the Spa had no recourse under the First Amendment.
This week, the Ninth Circuit denied a request for the full Circuit to hear an appeal. [Full Opinion at bottom of post.]
[Judge Lawrence VanDyke]
In dissenting from this denial, Trump-appointed Judge Lawrence VanDyke went straight to the heart of the issue. “This is a case about swinging dicks,” he wrote. He continued:
You may think that swinging dicks shouldn’t appear in a judicial opinion. You’re not wrong. But as much as you might understandably be shocked and displeased to merely encounter that phrase in this opinion, I hope we all can agree that it is far more jarring for the unsuspecting and exposed women at Olympus Spa— some as young as thirteen—to be visually assaulted by the real thing.
Sometimes, it feels like the supposed adults in the room have collectively lost their minds. Woke regulators and complicit judges seem entirely willing, even eager, to ignore the consequences that their Frankenstein social experiments impose on real women and young girls.
The response of many of Judge VanDyke’s colleagues was to grasp their pearls at his dissent while shrugging at the impact on women and girls and businesses in Washington State and other states in the Ninth Circuit with similar laws. (This would include California, for example.) These judges refer to the public accommodation law, which elevates self-declared “gender identity” over immutable biological “sex” as “entirely unexceptional.”
The Judges complain about the dissent’s language, referring to it as “vulgar barroom talk” “coarse” “ignoring ordinary principles of dignity and civility [which] demeans this court” “crude and vitriolic” and “crass.” They sniff, “Decorum and collegiality demand more” and “We are better than this.”
These judges may feel as though they had a “swinging dick” wagged in their faces on paper, but they expect unclothed women and girls to accept the real thing in what are supposed to be single-sex spaces.
It is the residents of Washington State and the Ninth Circuit who deserve better than this.
Amanda Stulman is a Senior Researcher and Attorney at the Legal Insurrection Foundation
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Comments
“It is the residents of Washington State and the Ninth Circuit who deserve better than this.”
Clearly, not all of the “residents of Washington State and the Ninth Circuit” deserve better than this. Many of them voted for “this”.
No one votes directly for district court judges.
No, but they voted for the legislators who made this state law, and they voted for the presidents who appointed these judges and for the senators who blue-slipped them and confirmed them.
In WA we vote 100% by mail, and TOTALLY COINCIDENTALLY every election goes to the left.
How blue is this state? We may never know.
The only blue is the color of asphyxiation on the faces of any conservative (read it: non communists) in WA.
What he said.
Maybe the women should beat him.
You misspelled “cane… ” 🙂
Hmm. I saw “flog,” but the result is the same….
The vapors aren’t as old-fashioned as first believed,
https://i.pinimg.com/474x/b7/aa/05/b7aa0538058f279322412c80f3012148.jpg
It’s galling that the Dhimmi-crats’ wretched, evil, misogynistic and child/teen-abusing/manipulating/mutilating “trans” ideology, now promoted and enabled by sundry federal district court rulings, must inevitably be combated by appeals to SCOTUS, for it to declare, definitively, that a “trans” man is not a man, and that a “trans” woman is not a woman.
If they are so offended by the words ‘swinging richards’ and totally unoffended by the actual organs being waved around in women’s rooms, they’re insane and should be ignored.
Impeached or removed, and given mental examinations by mental doctors who don’t vote democrat.
It takes mental illness to rule that there is no mental illness in this case.
My suspicion is that a large majority of these men who pretend to be women are, as rendered by nature, incapable of generating a swinging motion owing to an insufficient pendulum length.
Or, as the newly foul-mouthed dems would say, “They have little dicks.”
the lawyer should have stripped nude in the courtroom and identified as clothed.
Perhaps the women in the spa should make the physical form of the person in question fit the claim by performing a bobbitization. All they need is a very sharp knife and their establishment will continue to be swing free,
That’s just nutz.
Take those too.
I can’t think of anything more fearsome then being met by a Korean woman guarding the entrance to the women’s sauna with a very large pair of shears. Free eunuch service. I mean, it’s what they want, right?
I remember the Koreans on the roof of their business during the riots in Commufornica.
Wankers….
The Ninth Circuit majority has succeeded in again making itself a joke. It’s core role, apparently, is to carry as much woke water as possible.
It’s maintenance now. The “set zero” of circuit courts.
And here we all thought they got rid of the circuses!!
They 100% deserved to be mocked
The whole case is based on phallus see.
*slow clap*
Well played, sir!!
And yes, I am assuming your “gender,..” 😉
If I were the spa owner I would put a supply of baseball bats in the women’s area and inform my customers that if you see a naked man unfortunately we can’t do anything about it, so you should take whatever action you think is appropriate, and we don’t believe a jury could be found that would convict you.
I am not sure that would work, but I get your point. This is far left leaning Washington State, and you might end up with a jury of nothing but trans people and or trans activists.
But once again. you have the state and now the Ninth Circuit putting the business in jeopardy for a sexual harassment suit for creating a “hostile environment” for the employees.
I would be more than happy to serve on that jury.
Olympus Spa is in Lynnwood which is just north of Seattle. Good luck finding a jury there that would act accordingly.
The man would kill the women quickly with one bat.
Enthusiastically agreed, but we are talking WA state here.
This is not the first time that Judge Vandyke has dissented in a manner to which other judges objected.
Back in 2025, the Ninth Circuit issued a ruling in the case of Duncan v. Bonta which upheld California’s ban on gun magazines with the capacity of over 10 bullets as the Court ruled a magazine was an “accessory” and not part of a weapon itself.
If the magazine were a part of the gun, the law would be unConstitutional due to the Second Amendment. Instead, the Court ruled California could ban / regulate the size of magazines.
Rather than simply writing a dissent, Vandyke released a video on the issue in which he totally destroys the “logic” and “thinking” of the other members of the Court.
You can find the video dissent here: https://www.youtube.com/watch?v=DMC7Ntd4d4c
(There is something very cool about a judge tearing down a weapon to make his point, demonstrating not only knowledge but proficiency. He also states one of the weapons he demonstrates is “his.” I would bet that through people into a tizzy as well. How dare a judge have a gun?)
Vandyke definitely thinks “outside the box” in getting his point across, and that is not a bad thing.
Good video. Thanks
Supreme Court judge material right there
Judge Van Dyke is a competative shooter, and a great choice for the next opening on SCOTUS.
“keep and bear arms” does not refer to a barrel of gunpowder?
Yeah I saw the photo of Judge VanDyke and thought, wait I recognise that guy, he did a gun dissent video that went viral a while back!
Once again a case from the 9th Circuit will find its way to the Supreme Court and be overturned. The 9th should be broken up into 2 or 3 smaller circuits. Getting rid of the “blue slip” would be a good thing too.
As far as breaking up the court that’s not gonna happen. Also, “Blue Slip” is a tradition not a requirement so all that takes is someone in leadership in the Senate to have the intestinal fortitude to ignore it.
IDK, it could occur with a reorganization of the Circuits to bring them into alignment with population changes. Get rid of DC Circuit. Each SCOTUS member has a single Circuit they are responsible for, shrinking the # of Circuits down to 9. Then realign the composition of the Circuits based on population and geography but running West to East beginning with HI. Any single State with more than 1/9 of the population gets split up into different Circuits which is really just a couple of them, use natural boundaries like mountains/rivers as far as practicable to split the State when necessary. The added benefit is more impetus for curing Circuit split on issues due to different rulings in a single State.
Serious question here, how can they block the defendants from asking for an En Banc. I thought that was something that was automatic if requested.
If that is allowed then basically the 9th circus is basically saying for them to appeal to SCOTUS if they don’t like it.
They weren’t blocked from asking for an en banc review. How did you get the idea that they were? They asked for it, and the majority of active nonrecused judges denied it.
One more time, we REALLY need to make “Mental Hospitals Great Again”.
Yep. Vastly expand the # of beds in inpatient mental facilities, millions will be needed. People who defy civic norms to the point of becoming dangerously deviant or through their deviant actions create a dangerous situation should be locked away. Some dude deliberately walking into a female section of a spa to display his junk and view females, including minor children, is a deviant. That action creates the dangerous possibility that he may harm or that the female occupants may harm him (FWIW in my neck of the woods the defense strategy of ‘he needed killing’ is still a thing). Lock him up until he’s ‘cured’ and only release these folks under a parole like set of conditions for which if they violate they go straight back without possibility of further release.
This includes having the “full enjoyment of any of the accommodations, advantages, facilities or privileges of any place of public resort,[or] accommodation”.
Simple solution: go private.
Huh? What do you mean? Go out of business?! Stop accepting customers?! Seriously, what do you mean?
Make it a private club. Only members can use the services and you decide on whose a member.
ztakddot: I believe that even if it is a club the spa would fit Washington State’s definition of public accomodation. The spa’s lawyers should have already tried that avenue.
I’d bet good money that the judges who are upset at VanDyke’s language were considered to be “dicks” by their law school classmates. Even the women.
Switch from “women only” to “XX chromosome only.”
Call it the “XX Spa” and watch heads explode.
lorana bobitt called in for consultation
like the idea of private club…
we reserve the right to refuse service
to anyone for any reason.
also like only XX chromosome allowed
Club name: The double X
Might be a bit confusing to some. but….
I know what I’d name it……
https://www.youtube.com/watch?v=yXZG5xNm21s
Meaning, any man – even one with a penis, a full beard, dressed in what is generally considered men’s attire and sporting a men’s haircut – can declare himself a “woman” and he legally must be treated as such.
——————————–
So, can I identify as a female senator of the Washington State legislature and start voting on bills?
When you are arrested, make sure that you identify as a minor to get a lighter sentence.