Wi Spa controversy

Wi Spa controversy

Date	June 24, 2021 (2021-06-24)
Location	Wi Spa, 2700 Wilshire Blvd, Koreatown/Westlake, Los Angeles, California
Coordinates	34°03′39″N 118°16′58″W
Also known as	Wi Spa incident
Cause	Allegation of nudity, possibly indecent exposure, in a women's changing room by a transgender woman with a penis
Outcome	Wi Spa protests (see below)
Accused	52 year-old trans woman
Charges	Indecent exposure

On June 24, 2021, a woman posted a video to Instagram in which she angrily confronted staff at Wi Spa, a Korean spa in Los Angeles, about the apparent presence of a nude individual with a penis, most commonly believed to be a trans woman, in the women's section of the spa. The video went viral, attracting significant attention from trans-excluding feminists (a.k.a. gender-critical feminists or TERFs) online and right-wing media, which led to protests and counter-protests on July 3 and 17 over the alleged access. Some media initially questioned whether the alleged incident had been a hoax.

On August 30, 2021, an individual, commonly reported to be a transgender woman, was charged with indecent exposure relating to the alleged incident after four women and one minor girl filed police reports in July. The suspect had previously been convicted of indecent exposure in 2002 and 2003, being registered as a sex offender since 2006. She has denied guilt, claiming harassment over being trans.

Background

Traditionally, Korean baths and spas known as jjimjilbang mandate nudity within gender-segregated areas, and are a "family affair".

Wi Spa is a 24-hour Korean spa located in the Koreatown neighborhood of Los Angeles. It has four floors: a women's floor, a men's floor, one co-ed "family-friendly" jjimjilbang floor, and a rooftop floor. Wi Spa's policies for guests mandate that in the gender-segregated floors that swimwear not be worn, however in co-ed areas "proper clothing" is required.

Wi Spa has an equal employment opportunity policy for employees as well as an "Equal Access" policy for customers which covers "age, color, national origin, citizenship status, physical or mental disability, race, religion, creed, gender, sex, sexual orientation, gender identity and/or expression, marital status or any other characteristic protected by federal, state or local law".

Incident

A cisgender woman going by the name "Cubana Angel" posted a video to her Instagram account on June 24, 2021, alleging that Wi Spa had allowed an individual with a penis to be nude in the women's side of the spa facilities, specifically the changing area. Angel, accompanied by two other women, confronted Wi Spa staff claiming "a man with a penis" was in the changing area and loudly accosting staff for many minutes. During this time, Angel repeatedly mentions the possibility of the penis being exposed to children.

In July, it was reported that the unknown individual alleged to have acted in this manner had not been confirmed as a trans woman, but that the belief that they were had become common. This was seen during the incident video, as a fellow customer questioned Cubana Angel if she was referring to a "transgender person", she said "There is no such thing as transgender". In a follow-up comment on the video, Angel posted "REAL WOMEN RIGHTS MATTER". On her personal website, she later said, over a week after the incident, that the individual is "a man who identified as a woman".

Spa response

In a statement to Los Angeles Magazine published June 29, 2021, Wi Spa stated "Like many other metropolitan areas, Los Angeles contains a transgender population, some of whom enjoy visiting a spa. Wi Spa strives to meet the needs of all its customers." The spa also specified that California Civil Code 51(b) and 51(e)(5) (see below) makes it illegal for the spa to discriminate against transgender and gender-nonconforming people.

(b) All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.

(e)(5) "Sex" includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. "Sex" also includes, but is not limited to, a person's gender. "Gender" means sex, and includes a person's gender identity and gender expression. "Gender expression" means a person's gender-related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth.
— California State Legislature, California Civil Code,

False accusations

On July 3, Precious Child, a Los Angeles trans woman, a musician and activist, was falsely accused online of being the alleged person referred to by the incident video. The accusation spread quickly and the woman began receiving abusive messages, physical threats (including death threats), and accusations of pedophilia. The woman claims she has never visited Wi Spa and found the accusations of pedophilia deeply hurtful as a victim of child sexual abuse. The woman who made the incident video later posted on Instagram that Child was not the alleged culprit. While the only notable individual example, other trans individuals in the LA area report some online harassment in a similar manner resulting from the incident.

In a August 6 interview with On the Media, Lois Beckett, author of the original article in The Guardian, paraphrased Child's experience that was relayed to her, saying that Child noticed the comments she was receiving came from "different demographics". Specifically, "[Child] saw comments from sort of militia group types in the US, then from broader pro-Trump people in the US, then she said that like transphobic feminists in Germany and in Australia were weighing in".

Allegations of hoax

On July 7, 2021, the Los Angeles Blade, a Southern California offshoot of the Washington Blade, a prominent LGBT newspaper, said anonymous sources from Wi Spa staff and within the Los Angeles Police Department (LAPD) had cast significant doubt on the incident as described within the video. The Wi Spa source said that the spa's transgender clients are well known by staff and none of them were in the day's spa records. The LAPD source said the department could not at that time evidentially substantiate the incident or find evidence of any transgender person's presence on the day in question. The Blade writer speculated that a cisgender man could have acted in concert with the woman in the video, recalling a 2015 incident in Washington in which anti-transgender activists asked cisgender men to enter female-only areas as a form of protest.

According to Los Angeles Magazine on July 19, "several outlets have questioned whether the video was staged to generate outrage at a time when conservative politicians are weaponizing trans rights for political gain."

Political campaign by complainant

On July 18, The Intercept reported Cubana Angel joined Cure America Action (citing her press conference hosted by the organization) in a campaign to repeal California's anti-discrimination law for trans individuals. This was reflected on the woman's personal website which calls for said repeal. Cure America Action is a Washington, D.C.-based nonprofit organization that claims it "advocates for conservative principles based on Christianity, Capitalism, and the Constitution." Marc Little, a conservative pastor and lawyer, serves as the organization's executive director, and is representing Cubana Angel.

Criminal charges

On July 30, it was reported by Los Angeles Magazine that police reports were filed with the LAPD by five women. In the reports, the women allege to have seen "male genitals exposed in the women's section". The first report filed was reportedly by the original woman who posted the viral video, who filed on July 6.

On August 30, 2021, a 52-year-old individual, most commonly reported as a trans woman, was charged by the Los Angeles County District Attorney's office with five counts of felony indecent exposure in connection with the incident corresponding to the five individuals—four women and one minor girl—who previously filed reports in July, and an arrest warrant was issued.

The suspect has previous convictions for the offense in 2002 and 2003, becoming a registered sex offender in 2006 as a result; the suspect also has an open case from 2018 to which they've pled not guilty to seven counts of indecent exposure in front of women and children in a Los Angeles park. Regarding the 2018 case, the LAPD circulated an internal flyer which describes the suspect as white male, and a "transient" alleging she "claims to identify as female so [she] can access women's locker rooms and showers".

In an interview with the New York Post published on September 2, 2021, the suspect denied guilt, stating that she is the victim of transphobic harassment and that she is legally female. The suspect also said that she utilized the women's spa facilities and was in the hot tub when she was "accosted" by Angel, whom she said "never saw me naked. I was underwater with water all the way up to my chest."

Incident virality and public reactions

Since it was posted, the incident video progressively went viral, most notably on Sunday, June 27, 2021. The video had increasingly circulated online on right-wing and far-right sites, as well as trans-exclusionary feminist spaces. Trans-excluding spaces included Mumsnet, Ovarit, and Spinster. In a prominent example of right-wing spread, Ian Miles Cheong, a conservative political commentator, posted two videos about the incident on June 27 via his Twitter account that reached hundreds of thousands of views. Andy Ngo, a controversial right-wing journalist, also posted on Twitter about the incident.

The controversy was discussed on Fox News beginning on July 28 with commentator Tucker Carlson featuring the story on his show the evening of July 29. Various right-wing media, including Fox News, The Christian Post, OneNewsNow, Blaze Media, The Daily Wire and RealClearPolitics, ran stories about the incident in a manner that Media Matters for America called "uncritically spread" and using it as an example to impugn transgender rights. The Guardian called the manner in which right-wing media characterized the incident as "distorted".

The spa was review bombed on Yelp and TripAdvisor following public awareness of the incident.

LGBTQ reactions

On June 30, KCAL-TV, a LA CBS affiliate, posted a story which quoted Bamby Salcedo, CEO of the Los Angeles-based TransLatin@ Coalition, who said the behavior of the woman in the incident video is not uncommon, saying "we experience this type of violence every single day of our lives" and stated that her behavior showed ignorance.

On July 5, The Washington Post listed multiple statements by LGBTQ individuals reacting to the incident: Zac Boyer, a manager at Stonewall Columbus, an Ohio-based LGBTQ organization, said the community wants to preserve women-only spaces, just that women have a variety of genitalia. San Diego Trans Pride organizer Jae Red Rose said of the alleged trans spa visitor "She was within the women's section, which, you know, is exactly where she should be!"

On August 6, Julia Serano, an author and trans activist, said while being interviewed for On the Media that the rhetoric used by anti-trans protesters is heavily reminiscent of Anita Bryant's rhetoric from the 1970s, noting that the QAnon slogan "SaveTheChildren" (#SaveOurChildren was also used) echoes the name of Bryant's organization, Save Our Children. While Serano does not believe the link to the 1970s anti-gay slogan was originally intentional of QAnon adherents, she does say it is essentially the same usage.

Protests

Wi Spa protests
A large group of Los Angeles Police Department officers kettle a pro-trans protest group on South Commonwealth Avenue a few blocks away from Wi Spa on July 17, 2021.
Date	July 3 and July 17, 2021
Location	Immediate vicinity and surrounding area of Wi Spa
Caused by	Wi Spa controversy (see above)
Goals	Oppose transgender access to spa (anti-trans protesters) Support transgender access to spa (pro-trans protesters) Maintain civil status quo (LAPD)
Methods	Political demonstration, Melee (group vs. group, groups vs. police)
Status	Uncertain
Parties
QAnon conspiracy theorists Proud Boys Trans-exclusionary feminists Conservative Christians LGBTQ activists Antifa activists (disputed, likely) Los Angeles Police Department (Rampart Division) City of Los Angeles
Casualties
Injuries	Police-inflicted injuries involving less-than-lethal weapons, no police or demonstrators hospitalized.
Arrested	0 (July 3) 38 (July 17)

Evaluating the composition of demonstrators, the Los Angeles Blade described those protesting against the spa and transgender access to it as "a mix of religious fundamentalist street preachers, QAnon conspiracy theorists chanting 'save our children', and Proud Boys". Counter-protesters were noted as LGBT activists and black bloc, possibly antifa, demonstrators. Newsweek corroborated QAnon and Proud Boy presence.

The involvement of antifa has been disputed, with some sources inconclusive and some claiming antifa involvement. A July 17 report by NBC Los Angeles stated a group using the name "SoCal Antifa" was involved in the July 3 protest, but could not determine if involved in July 17. A July 19 article by Los Angeles Magazine claimed the black bloc demonstrators were "Antifa-aligned". A July 20 report by American Military News said the involvement of antifa was alleged by Andy Ngo but could not otherwise be confirmed. A July 31 article by Los Angeles Magazine claimed SoCal Antifa was involved in both the July 3 and 17 protests.

July 3

Outside Wi Spa, anti-trans demonstrators scheduled the protest to begin at 11am, while pro-trans demonstrators aimed for 10am. The opposing groups came to blows repeatedly, after which the Los Angeles Police Department declared an unlawful assembly. The LAPD Rampart Division suppressed both groups, with riot control using physical force and less-than-lethal weapons, notably engaging antifa members with batons.

Two people were stabbed, another beaten with a pipe. Slate Magazine claimed of one of the stabbings was committed by an anti-trans protester against a pro-trans protester, while the other stabbing was an anti-trans protester accidentally stabbed by an allied individual. The Intercept claimed that the stabbings were initially believed to be committed by leftist protesters, but video evidence indicates they were committed by right-wing protesters. One individual was taken to medical facilities following the protest. Police said they were investigating three instances of assault and battery and two instances of assault with a deadly weapon resulting from the July 3 demonstrations. No arrests were made.

Andy Ngo, a controversial right-wing journalist, was in attendance.

July 17

Demonstrators and counter-demonstrators again surrounded Wi Spa in the late morning; however, police presence had been increased compared to the July 3 protest. According to the LAPD, the groups began to scuffle between each other and police around 11:10 a.m., police had smoke grenades and other objects thrown at them, after which an unlawful assembly was declared. After the declaration, LAPD used less-lethal bean bag rounds and 40-mm riot guns, as well as batons, against protesters. One pro-trans protester was pummeled into the pavement with repeated baton strikes, another, a woman, was shot point-blank with a bean bag causing her to collapse, and a journalist had their hand broken by police baton. After the event, police said pepper spray, stun guns, and knives were found on the streets. There were no reported officer injuries or medical transport of any protesters.

According to The Intercept, police focused primarily on pro-trans left-wing demonstrators, kettling and arresting a significant group (pictured right). Overall, 38 were arrested, most of them pro-trans demonstrators. When questioned about the seemingly disparate treatment, police claim that anti-trans/right-wing demonstrators were not arrested due to complying with the dispersion order, however left-aligned activists state that due to the kettling that pro-trans demonstrators weren't allowed by police to disperse.

Hostility toward journalists

On July 3, Rocky Romano, a filmmaker-photojournalist was bashed with a metal pipe.

On July 17, hostility toward journalists was evident from both right and left-wing protesters as well as police. The Guardian journalist Lois Beckett was assaulted by anti-trans demonstrators, being shoved to the ground after being pelted with water bottles. A local anti-fascist activist claims Beckett's attacker was a known Proud Boy who was present at the July 3 event as well. A group of black bloc protesters assaulted photojournalist Eric Levai, confiscating his equipment. Beckett claimed the black bloc thought Levai was attempting to dox them. The hand of a non-binary citizen-journalist was broken by police baton while filming.

Speaking to On the Media on August 6, Lois Beckett said the psyche of demonstrators was "tremendous anxiety and paranoia about being identified", saying that protesters are very hesitant to be captured on media by someone not aligned with them, and violence against journalists allows groups to control the narrative. Additionally, responding to Brandy Zadrozny's comment about internet performativity, Beckett said the nigh-omnipresent presence of media makes it "unavoidable".

See also

• Transgender rights in the United States