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   Olympus Spa, et al. v. Armstrong, et al., No. 23-4031
VANDYKE, Circuit Judge, dissenting from the denial of rehearing en banc:

This is a case about swinging dicks. The Christian owners of Olympus Spa—
a traditional Korean, women-only, nude spa—understandably don’t want them in
their spa. Their female employees and female clients don’t want them in their spa
either. But Washington State insists on them. And now so does the Ninth Circuit.
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. Yet if harmful and unfortunate consequences were all this
case was about, we’d have to shrug and say: “That’s what comes with living in a
democracy.” Unless the Constitution is implicated, we get what we voted for “good
and hard.”
...

https://reason.com/wp-content/uploads/2026/03/2026-03-12-Olympus-Spa.pdf