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Kincaid's statement on Olympus Spa " Olympus Spa Is the Hill I'm Willing to Die On "



Let's Save Olympus Spa

I was genuinely shocked when I learned what happened to Olympus Spa in Lynnwood. I kept asking myself. How? Why? How is something like this even possible in America?

At first  I assumed this would never hold up in court. I thought there was no way the people of Washington had voted for this. And I was right they didn't. The voters never decided this. The state legislature did.

They passed a law declaring that a biological male including one with male genitalia could be legally recognized as a woman by the state. And when Olympus Spa a women only business where patrons are nude declined entry to a biological male who identified as a woman. That person filed a complaint with the Washington State Human Rights Commission. The Commission initiated an enforcement action against the spa. Threatening prosecution unless it changed its women only policy.

It did not matter that female customers were deeply uncomfortable being unclothed around biological males. It did not matter that this directly violated the sincere religious beliefs of a Korean owned women's spa. It did not matter that this could devastate their business or push them out of existence entirely. Their beliefs did not matter. Their customers' privacy did not matter. Their survival did not matter.

The spa went to federal court to defend itself. And when the courts sided with the state ruling that Olympus Spa had no legal right to say no that was my breaking point.

This is one of the reasons Donald Trump won in 2024. And it is one of the reasons I am running for Congress in 2026. It feels as though the Democratic Party is deliberately pushing away moderates and working class voters. Handing them directly to the Republican Party.

Perhaps the legislators who supported this law had good intentions. I will give them that. But as the old saying goes. The road to hell is paved with good intentions.


Where the Case Stands Now

In May 2025  a three judge panel of the Ninth Circuit Court of Appeals ruled against the spa. Olympus Spa petitioned for rehearing before the panel and before the full Ninth Circuit. On March 12, 2026  both petitions were denied but not quietly. Multiple Ninth Circuit judges dissented from the denial. Writing that women and girls some as young as 13. Who visit the spa with their mothers should not be compelled by the state to be nude alongside patrons with exposed male genitalia. The disagreement inside the court was so sharp it made national news.

Olympus Spa is not giving up. Its attorneys are now taking the case to the United States Supreme Court. With a petition expected this summer. The docket is open. The question of whether women only intimate spaces can exist in America may soon be decided by the highest court in the land.

Olympus Spa has stood firm through six years of state enforcement, litigation and appeals. I stand with them all the way to the Supreme Court.


A Clear Line

If some Democrats want to continue arguing that a man becomes a woman simply by feeling like one. That is their choice. But in a space like Olympus Spa where women are naked and vulnerable the standard should be straightforward.

No one with male genitalia is permitted.

This is not about hatred. It is not about denying anyone's identity. It is about common sense, informed consent and the protection of women's dignity and privacy.

Olympus Spa was a wake up call for me. I always thought the more extreme versions of gender ideology were misguided. But I never imagined the state would use its full legal power to force women to undress next to biological males. That is not progress. That is coercion.

This is the line. This is where we stand for reason, for rights and for reality.

If you agree stand with me. If you disagree that is your right but do not expect women to remain silent.

And if the Democratic Party continues to ignore common sense on issues like this. We will keep losing elections. We need to fix this before it is too late. Let's restore the right of women to say no.


A Distinction That Matters

I believe most Americans gay, straight or anywhere in between support basic fairness and the principle of live and let live. The fight for gay and lesbian rights was won through decades of difficult and courageous work. Most people in this country respect and honor that progress. But today a small and vocal activist movement is pushing positions that the vast majority of Americans do not accept. And the backlash it is generating is causing real harm to the entire LGBTQ community.

There is a critical distinction that too many politicians and judges refuse to acknowledge.

There are transgender women who genuinely transition who undergo hormone therapy, surgery and permanent life changes. Who simply want to live quietly and in peace. Many of these individuals actually support reasonable boundaries. Because they understand the reality of biological differences. They are not the issue.

The issue is a separate and very different group. Biological males who have undergone no medical transition whatsoever. No hormones, no surgery and no lasting commitment. Who put on a wig, apply makeup and then demand to be treated as women in every context. Competitive sports, locker rooms, spas and restrooms. That is not a sincere identity. That is not authenticity. Most people recognize it for exactly what it is. And it is disrespectful not only to women. But also to transgender people who have genuinely committed to a lifelong transition.

This extreme agenda forcing women to compete athletically against biological males. Pushing contested gender ideology into schools. Compelling businesses like Olympus Spa to admit biological males into intimate women only spaces is not helping anyone. It is eroding years of hard won progress. It is fueling deep resentment and handing ammunition to the very people who still oppose basic gay and lesbian rights. Reasonable boundaries protect everyone. Pretending those boundaries do not exist is not progress. It is chaos.


The Martina Navratilova Test

Tennis legend Martina Navratilova one of the greatest female athletes in history and a gay woman. Has been among the most outspoken critics of biological males competing in women's sports. The rights of one group should never require stripping away the rights of another. That is not progress. That is not equality.

Let's go back in time. And imagine that men were allowed to compete in women's sports. During the time Martina Navratilova was starting out in tennis. Her tennis career would have ended before it even started. All of her victories would have gone to some dude in a dress. Martina Navratilova would today be a name no one ever heard of. Instead of a tennis legend known all over the world.


Where I Stand

The government does not get to redefine biology. The government does not have the right to erase women only spaces. And the government certainly does not have the authority to compel private businesses especially those providing intimate services involving nudity to abandon common sense and basic safety standards.

Olympus Spa has stood firm. I stand with them.

If elected to Congress. I will support legislation that protects women only spaces particularly those involving nudity, religious practice or intimate personal care. I will work to establish a clear legal standard. For the purposes of such spaces a woman is defined as a person without male genitalia. No activist organization, no bureaucratic panel and no judge should be able to override that basic and obvious reality.

This is not anti-anyone. It is pro-woman, pro-reality and pro-common sense.

Women deserve privacy. Women deserve safety. Women deserve spaces where they are not compelled to be naked in the presence of biological males. That is not discrimination. That is dignity.

And as your representative in Congress. I will fight to make sure that dignity is protected under the law. Common sense is not transphobic.


On Representative DelBene's Record

Representative Suzan DelBene voted against the Protection of Women and Girls in Sports Act of 2025 (H.R. 28) on January 14, 2025. The bill which aimed to prohibit schools from allowing individuals whose biological sex at birth was male to participate in athletic programs designated for women or girls. It passed the House by a vote of 218 to 206. With some democrats voting for it. Representative DelBene voted no. (House vote record: Roll Call 12)

She is also a cosponsor of the Transgender Bill of Rights. A House resolution outlining a set of policy and legislative goals one of which explicitly seeks to amend Title IX in order to prevent the exclusion of biological males from female athletic competition.

In the fight to protect girls' sports. Representative DelBene has clearly stated whose side she is on. It is not the side of the girls and women whose opportunities, records and safety are at stake.

Representative DelBene has never stood up to protect women's and girls' sports. She has not done so in over twelve years in Congress. The record makes clear she has no intention of starting now. She will not stand with you on this issue.

And it is worth remembering that Representative DelBene is not just any member of Congress. She holds one of the top leadership positions in the Democratic Party. As Chair of the Democratic Congressional Campaign Committee the organization responsible for developing and coordinating the party's strategy to win House elections . She bore direct responsibility for the outcome of the last election cycle. Under her leadership Donald Trump became President again. Republicans won control of both the White House and Congress. So the question that every Democrat and every independent voter in this district deserves to ask is a simple one. How is her strategy working out for you so far?

Kincaid will always stand up to protect girls' and women's sports. Kincaid will always stand by you.


When the Law Ignores Biology, Women Pay the Price

The current law as it stands now puts women in danger and not only in spas. In Washington a former inmate at the Washington Corrections Center for Women in Gig Harbor has filed a lawsuit against the Department of Corrections. She alleges that staff placed her in a cell with a 6-foot-4 biological male a convicted sex offender . Who was transferred from a men's prison after declaring a gender identity change. That he subjected her to repeated harassment and sexual assault. Similar allegations have been reported in other states including California. (KIRO 7 report)

These are allegations now before the courts. But the pattern they describe is exactly what happens when the law refuses to acknowledge that biology matters in intimate, vulnerable settings whether that setting is a spa, a locker room  or a prison cell.





→ Read Kincaid's full statement: Cruel and Unusual Punishment -- Female Inmates Forced Into Cells With Violent Biological Men



Fighting Back: Legislative and Political Options for Olympus Spa

The Supreme Court petition is the spa's fight. But the law itself needs to change and that is a fight for all of us. The following options represent concrete paths forward that should be pursued simultaneously no matter what the Supreme Court decides.

Option 1: Washington State Legislation

The most durable solution is a change to state law. Below is a proposed bill that would carve out a specific narrowly defined protection for intimate service providers without touching broader anti-discrimination protections.

Draft Legislation

An Act Relating to Preserving the Privacy and Safety of Intimate Services. Adding a New Section to Chapter 49.60 RCW

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. A new section is added to Chapter 49.60 RCW to read as follows:

(1) Notwithstanding any other provision of this chapter. A place of public accommodation that provides intimate services involving nudity, physical contact or exposure of private body parts may in order to protect the privacy, safety and dignity of its patrons limit participation in such services to individuals who do not possess genitalia inconsistent with the gender designation of the service being provided.

(2) Nothing in this section shall be construed to permit general discrimination on the basis of gender identity or expression outside the specific context of intimate services as defined in subsection (1).

(3) For purposes of this section, "intimate services" include but are not limited to nude body scrubs, massages, communal bathing and other services requiring nudity or undressing in shared spaces.

(4) This section shall be construed narrowly to preserve both civil rights protections and personal dignity in sensitive physical contexts.

Option 2: Statewide Ballot Initiative

If the legislature will not act the people of Washington can. A statewide ballot initiative would allow voters not courts and not legislators to decide whether women deserve protected, anatomically defined privacy in intimate service settings. Kincaid has already endorsed Washington initiatives moving in this direction. (Read Kincaid's endorsement of IL26-638 and IL26-001)

Draft Ballot Initiative

Initiative Measure No. XXXX -- Privacy in Women-Only Intimate Services

Ballot Title (as designated by the Secretary of State): "Initiative Measure No. XXXX concerns privacy in women-only intimate services."

Ballot Summary: This measure would allow businesses offering intimate services involving nudity or physical contact to restrict access based on anatomy. Specifically, it would permit women-only spas, gyms and similar establishments to deny access to individuals with male genitalia even if those individuals identify as female when such exclusion is necessary to preserve the privacy, safety or comfort of other patrons. The measure would apply exclusively to intimate settings and would not affect general anti-discrimination protections elsewhere in state law.

Effect if Approved: Businesses providing women only intimate services would not be subject to discrimination claims under the Washington Law Against Discrimination for excluding individuals with male genitalia from women-only nude or physically intimate service settings.

Option 3: Public Advocacy and Messaging

Legislation and ballot initiatives require public support. That support must be built through clear, honest and respectful communication. The goal is to protect women's right to privacy, modesty and safety in intimate settings such as spas, locker rooms and communal bathing facilities without attacking anyone's identity or dignity.

The Core Message. This is not about rejecting anyone's identity. It is about recognizing that intimate spaces involving nudity require special care, clear boundaries and common sense. A woman should not be forced to share a nude spa or massage room with someone who has male genitalia simply because the law treats them the same on paper. Olympus Spa has served women with dignity and care for decades. Let's protect their right to continue doing so.

Privacy. Women deserve spaces where they can be nude or physically vulnerable without exposure to male anatomy. This is a basic and reasonable expectation not a form of bigotry.

Safety. These policies are preventative. They are designed to protect patrons from discomfort and potential harm. Not to promote hatred or exclusion of any group.

Freedom of Association. Businesses like Olympus Spa have a right to serve a clientele based on deeply held values and the specific nature of the services they provide. The state should not be able to compel a women only intimate service provider to abandon the very principle on which it was founded.

Common Sense. This is not discrimination. It is a distinction rooted in anatomy and physical context. If a teenage girl using a communal bath can be required by law to share that space with an intact adult male. Something has gone fundamentally wrong in our legal framework. That is what the current court rulings effectively require and even judges on the Ninth Circuit itself said so in dissent. Voters should have the opportunity to weigh in on whether that is acceptable.

The aim is to affirm everyone's dignity while insisting that common sense and biological reality must not be erased in the name of legal uniformity. Particularly in the most intimate and vulnerable of settings.


Links

Lynnwood's Olympus Spa Heading to US Supreme Court After Ninth Circuit Denies Rehearing -- Lynnwood Times (March 2026)

U.S. Supreme Court Docket -- Olympus Spa v. Armstrong (25A1111)

Ninth Circuit Sides With State in Olympus Spa Transgender Lawsuit -- Lynnwood Times (May 2025)

WDI USA Statement on the Ninth Circuit's Decision in Olympus Spa v. Armstrong

Judge Claims Female-Only Olympus Spa Is Akin to Whites-Only Business -- KTTH

Olympus Spa Website

Representative Suzan DelBene and others will not stand by you. Kincaid will always stand by you.



Kincaid is a moderate common sense Democrat and official candidate for Congress in Washington's 1st Congressional District. The campaign is focused on practical solutions for public safety, healthcare, economic fairness and the protection of women.

Paid for by Kincaid for Congress.

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