Trans woman who said she was not allowed into female-only spa never visited the site

A transgender woman who accused a female-only Korean spa of discrimination after claiming she was barred from entering never even set foot on the property.

Olympus Spa in Washington state was ordered by a judge to admit pre-op trans women with penises despite nudity being required in communal areas. 

That came after activist Haven Wilvich complained to the Washington State Human Rights Commission that Olympus Spa discriminated against her by refusing her access during a visit in January 2020.

But a lawyer for the spa, Tracy Tribbett, whose suit against the commission was thrown out by a federal judge on June 5, has said Wilvich never actually visited the spa in person – a position its owners have held for years.

Since that order this month, Wilvich has herself admitted that she never visited the spa. Now says she was denied access by the spa’s owner over the phone. 

Tribbett told DailyMail.com that Wilvich’s confession that she lied in the complaint is evidence that she did not make an honest attempt to report a violation of her rights, but instead a calculated attack on a business with values that she did not like.

She also cast doubt on Wilvich’s latest claim, saying that the owner of the business does not take phone calls and is prepared to review telephone records for proof of that call and also hopes to take the case to the Supreme Court.

‘This is not a direct attack on Haven Wilvich, other than to say that she’s not being truthful and was just looking for trouble,’ said Tribbett.

‘It adds fuel to the concept that the Human Rights Commission is playing with activism, rather than investigating complaints accurately,’ she said. ‘They’re not a proactive entity or agency of the state that goes out and polices.’

To support her client’s position that the spa came under an unsolicited attack she pointed out that within months of January 2020 Wilvich completed gender reassignment surgery, according to her own blog, and that would have allowed her access to the spa.

According to Tribbett that invalidates the complaint to the commission since there was no ongoing ‘live case or controversy’ at the time it was being investigated.

Tribbett says the spa’s owner has always been clear that post-op trans women are permitted into the venue and that its denial of certain groups in the past has never been an issue.

‘Olympus Spa is not open to the public, nor has it ever been. The spa discriminates against men and it discriminates against those under the age of 13,’ she said. ‘This is different from other cases, like a cake baking shop or a flower shop’.

‘What we seem to have here is an activist trolling online to find different businesses that might not be complying with what they perceive to be the law,’ she said.

The Washington State Human Rights Commission, the individual investigator responsible for overseeing the case and Wilvich all declined invitations from DailyMail.com to comment on the inconsistency.

Wilvich first confirmed in an interview with the Lynnwood Times that the basis of the complaint was that she was denied access after a phone call and not a physical visit. 

‘The story now is that she called ahead of girl’s day at the spa with her girl mates. And we don’t know what the day was. If we had that information, we could check the phone records,’ she said. 

The family-owned spa, which has a branch on the outskirts of Seattle and one in Tacoma, is modeled on Jjimjilbang – sex-segregated bathhouses in Korea – and offers monthly memberships and day passes. 

The facilities include ‘a bath area containing multiple whirlpools, a traditional Korean body-scrub service area, standing showers, sit-down showers, a steam room, and a dry sauna.’

Patrons are ‘typically fully naked’ while in these areas and ‘have visual access’ to other nude patrons, court documents suggest.

In the order earlier this month federal Judge Barbara Rothstein wrote, ‘Ms. Wilvich’s complaint alleges that she went to Olympus Spa in January 2020 in search of services but was discriminated against.’

The spa had always disputed Wilvich’s claims that she was denied entry to the premises, and there was no record of her attempted visit on the electronic system it uses to track customers.

Since making her confession to the local newspaper, Wilvich told Fox13 this week that she had been inundated with hateful messages including threats on her life.

She also said that people who are victimized or suffer human rights abuses should be able to make complaints to the commission anonymously.

‘I called ahead to see if I would be allowed to attend as a trans woman, unfortunately, I was told no,’ she told the station.

‘It’s still disappointing to see the amount of animosity that goes towards our community every time these laws are upheld, she said. ‘I think minority people who report hate crimes and violations of human rights laws should be protected from public disclosure.’

Tribbett expressed remorse for Wilvich, but said that putting her in the limelight was part of the necessary process in which her client could claim justice.

‘She’s upset that there’s a bunch of smoke being attracted around her situation and we didn’t want this situation to happen,’ she said. ‘We’re just trying to clear our client’s name and protect their business interests and protect the interests of women in general.’

She emphasized that Wilvich was never a target.

‘Haven Wilvich was the person who started it, but it’s not about persecuting her or lighting her up in any way. But we do want to make mention of the fact that she lied,’ she said.

In a letter addressing the original complaint from the commission, Lee wrote in March 2021 that ‘the cultural underpinnings’ of the services offered at the spa, started by his parents, originated in Korea and go back many generations.

‘Our spa traditions are closely tied to the Korean tradition known as “jjimjilbang,”‘ wrote Lee. 

‘This holistic health therapy is offered in a sex-segregated public bathhouse furnished with hot pools, showers, Korean traditional kiln saunas and massage tables. An essential part of the experience requires full nudity.’

In her initial complaint to the commission, Wilvich said she was a transgender woman who was ‘biologically male’ and had not undergone sex reassignment surgery. 

She claims that Olympus Spa told her that ‘transgender women without surgery are not welcome because it could make other customers and staff uncomfortable.’ 

In March 2021, the WSHRC had served the spa owner Myoon Woon Lee and the spa’s President Sun Lee with a Notice of Complaint of Discrimination.

Lee explained that Olympus was a family-owned ‘women’s Korean traditional health spa’ and noted that nudity was required for certain treatments.

He wrote: ‘We firmly believe it is essential for the safety, legal protection, and well-being of our customers and employees that we maintain adherence to this adaptation of a females-only rule.’

Despite now seeking the ability to make reports to the commission anonymously, Wilvich had previously boasted about the success of her complaint on Facebook.

She said: ‘I did it! I worked with the WSHRC and got Olympus Spa (the main naked lady spa in the area) to change their policies and allow all self-identified women access regardless of surgery and genitals.’

After Rothstein’s ruling on July 5, Olympus Spa will have an opportunity to amend its complaint and refile it to the court, an opportunity Tribbett said her client will take.

‘It will go to a panel in the Ninth Circuit, and then it will be reviewed there. If we obtain the same outcome, then we will appeal to the Supreme Court for review,’ she said.

This weekend a protest is scheduled to take place at the strip mall in Lynwood in which the Olympus Spa branch is located. The spa and other units will remain closed throughout the demonstration.