Two San Francisco spas have faced criticism for policies separating transgender and cisgender women. Though one of the spas changed its policies after a protest, the other has not returned the Bay Area Reporter's inquiries as the city's human rights commission investigates the matter.
Devi Zinzuvadia, the commission's public information officer, confirmed to the B.A.R. via email that the commission had received complaints about Archimedes Banya, at 748 Innes Avenue, in the Hunters Point neighborhood.
"I do not yet have an update as to the inquiries received by the HRC's civil rights division staff, but will provide any new information soonest," Zinzuvadia stated.
Meanwhile, Honey Mahogany, a Black queer trans person who is the executive director of the San Francisco Office of Transgender Initiatives, stated in an email to the B.A.R., "I cannot comment on ongoing investigations, but I can confirm that OTI is working closely with HRC on this issue."
It was Gulia Erick Bkker and Gayle Roberts who'd alerted the HRC to the matter, the committed life partners told the B.A.R. in a March 14 phone interview. Bkker is genderqueer and Roberts is transgender.
They'd heard that Archimedes Banya, which they'd attended for years as loyal customers – it is a Russian-style bathhouse and Bkker is a Russian emigre – had instituted the policy for a religious-themed women's night.
Archimedes Banya didn't return the B.A.R.'s request for comment for this report. Online posts saying the night is only for "BIOLOGICAL WOMEN" appear to have been deleted.
"I called right away and asked how they'd determine who is a 'biological woman,'" Bkker said. "They said, 'We hadn't thought about it yet.' I asked, 'Are you going to inspect people?' I said I needed to speak to a manager, and I got bumped to voicemail."
Roberts concurred Archimedes Banya should have handled the matter differently.
"I want to acknowledge this is a challenging issue in many ways for some people," Roberts said. "If the banya had managed it very differently, there might not be a conflict in the community, but frankly, this is an insult to many people."
San Francisco District 10 Supervisor Shamann Walton's office also got involved, as the bathhouse is in his district. A spokesperson sent out an email March 18 to several people indicating the issue has been resolved.
"I just received an update that it looks like Banya has revised their policy so that they are inclusive of trans women on their women's only nights," a Walton aide wrote. "Per my understanding, they are now requiring all women on their 'Special women's' night to wear bathing suits to meet the needs of religious women without banning trans women. The same applies for their 'Special men's' only night."
Gender identity as a protected class in places of public accommodation is protected under the ban on sex discrimination the federal 1964 Civil Rights Act after the U.S. Supreme Court's 2020 decision in Bostock v. Clayton County. California law also protects trans and gender-nonconforming people's rights to access public accommodations in line with their gender identity.
Roberts said that she felt it unfair only women's nights have this restriction, as far as she's aware.
"I think if they had first talked to a lawyer then said, 'The world is a challenging place and we want to respect everybody's needs, so we have different nights for women and men that are religious but have options for people with certain religious beliefs' – if everyone was treated equally – I think they'd approached it in that way there'd be more understanding," she said.
The B.A.R. also reached out to the Department on the Status of Women, which did not answer an inquiry as to whether it is investigating the matter. But Commission on the Status of Women President Sophia Andary, who is queer, stated to the B.A.R. that, "I stand firmly with our trans community."
"Trans women are women," Andary stated in an email. "It is unacceptable for any San Francisco business to deny them access. Discrimination has no place in our city, and we must hold the line on equity, inclusion and respect for all."
Japantown spa changes policy
Meanwhile, staff at Imperial Day Spa, at 1875 Geary Boulevard, allegedly told a trans man he needed to leave, according to a video posted to YouTube.
By the time Sister Roma of the drag nun philanthropic group Sisters of Perpetual Indulgence was among those to arrive for a March 10 protest, the spa near the Japantown neighborhood had already posted a change in policy to its door that guests "can use the facilities according to their gender."
"Imperial Spa claimed to have an unwritten policy that guests must use the facilities based on their 'genitals' (their words), which I assume meant sex assigned at birth," Roma stated in an email to the B.A.R. last week.
Imperial Spa also didn't return the B.A.R.'s request for comment.
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