Ladies’ legal win in ‘discriminatory’ lounge fight
Source: ABC News
A legal decision that forced the closure of an art gallery’s ladies’ lounge because it “discriminated” against men has been quashed, but the future of the space remains unclear.
The Museum of Old and New Art (MONA) in Hobart shut the lounge in April after NSW man Jason Lau complained to Tasmania’s civil and administrative tribunal that he had been denied entry.
The tribunal found Lau had been discriminated against and ordered MONA to allow men access, something the gallery wasn’t prepared to do.
MONA appealed in the Supreme Court of Tasmania. On Friday, it quashed the tribunal’s decision, ruling it had mischaracterised what the lounge intended to achieve.
The court ordered the tribunal to reconsider its decision.
MONA successfully argued the lounge addressed ongoing disadvantage faced by women.
“The patriarchy [has been] smashed and the verdict demonstrates a simple truth, women are better than men,” artist and lounge curator Kirsha Kaechele said outside court.
“It’s a day of triumph for us, and we’re very excited”.
MONA’s lawyer Catherine Scott was confident the tribunal would grant the lounge an exemption upon reconsideration, and the exhibition would be allowed to reopen.
Kaechele, the wife of MONA founder David Walsh, said there would be an announcement of some kind soon.
“Something will happen with the ladies’ lounge. There are plans in the works … some kind of celebration,” she said.
In his ruling, Acting Justice Stephen Marshall said the tribunal erred by claiming the lounge addressed only past disadvantage experienced by women.
“[The lounge’s] intention was to promote equal opportunity by drawing attention to present and past societal disadvantage to women by providing them with the concept of a ‘flipped universe’,” he said.
“[It provides] women with a rare glimpse of what it is like to be advantaged rather than disadvantaged.”
The tribunal also failed to properly consider a “report card” on the status of women in Australia which referenced current structural discrimination, Marshall said.
During the court hearing, Lau’s lawyer Greg Barns argued the lounge’s purpose was solely to reflect on historical disadvantage.
If the lounge was found to not be discriminatory it followed that areas could be cordoned off “to make a point”, he said.
The lounge was enclosed by a curtain and supervised by an attendant who permitted entry only to people who identified as female.
Kaechele has previously flagged trying to find a loophole to reopen the space as a church, bathroom or place of “education”.
Marshall noted the lounge was a participatory installation.
“The process of being admitted or refused admission and the participation in the ladies’ lounge is part of the art itself,” he said.
-AAP
