“We are not unmindful of the concerns and beliefs raised by the Spa,” wrote Judge M. Margaret McKeown for the 2–1 majority. “Indeed, the Spa may have other avenues to challenge the enforcement action. But whatever recourse it may have, that relief cannot come from the First Amendment.”
I wonder what those avenues might be. This looks like a relatively extreme case, with a nude spa being required to allow a person with a penis into the women's area, but I still can't think of how that requirement might be unconstitutional.