Customers of the spa — that is, nude women aged 13 or older — are not “publicly available goods or services that males are entitled to view when females do not consent,” he told the justices. Therefore, he argued, the state’s public accommodation rules shouldn’t apply.
In late 2020, the state's Human Rights Commission issued a complaint of discrimination after a transgender woman who had not undergone sex-reassignment surgery was denied service at the spa. The spa argued that its nudity requirement was consistent with state laws and codes.
The spa also added new language to its entrance policy, stating on its website that “biological women are welcome.”