One of Australia’s most famous museums could be forced to close its “ladies’ lounge” after a man was refused entry and sued it, calling it discriminatory.
Jason Lau said when he visited the Museum of Old and New Art (MONA) in Hobart, Tasmania, he was not told he could not enter the ladies’ lounge.
The ladies’ lounge – reserved for people who identify as women – is the work of US-born artist Kirsha Kaechele, whose husband is David Walsh, owner of MONA.
Kaechele said that “the rejection of men is a very important part of the artwork” and that the ladies’ salon is “exciting, it’s fun, it’s exciting…it’s naughty”.
In a statement to the Tasmanian Civil and Administrative Tribunal, where the case was heard on Tuesday, she acknowledged the men were disadvantaged by being denied access to the lounge.
Hobart’s Museum of Old and New Art could be forced to close its ‘ladies’ lounge’ after a Sydney man who was refused entry took it to court, claiming it was discriminatory . Salon creator Kirsha Kaechele is pictured on the left
“I side with Mr. Lau and agree that his description of the loss is indeed substantial…The Ladies’ Salon…is home to many of the most valuable works of art in the collection.”
Legal commentator Justin Lawrence told radio 3AW THE This case is “defensible on the basis that the legislation in force Tasmania provides an exemption when the discriminatory act is used to highlight other forms of discrimination.
“So essentially the defense is saying, ‘We admit that its basis is discrimination, but what we’re doing is pointing out the discrimination that has been inflicted on women over the years and that’s the purpose of the facility.”
But Mr Lau rejected that defence, saying section 26 of Tasmania’s Anti-Discrimination Act 1998 “was designed to allow positive discrimination and not negative discrimination”.
“This exhibition is clearly designed to reject all men…I would say that is not in the spirit of Article 26.”
Mr Lawrence said the case, which was heard by TasCAT deputy chairman Richard Grueber, could hinge on whether the ladies’ lounge “is designed specifically for this purpose, or whether it has really a sort of… undercurrent of villainy.”
A large group of women dressed in navy blue and pearls attended the hearing to support Mona’s exclusion of men from the ladies’ lounge.
After the hearing, they danced outside the courtroom to the song Simply Irresistible by Robert Palmer.
Kaechele told ABC that “the audience really felt like the art was coming to life, it was a living part of the work.”
She pointed out that it was not until 1965 that women gained the right to drink in a public bar in Australia and were relegated to ladies’ lounges.
“Throughout history, women have seen a lot less interiors,” she said. “Power always belongs to men, regardless of what the law says.”
She told Daily Mail Australia that “we need the ladies’ lounge”. A peaceful space for women to retreat to, a haven to think clearly and enjoy the pure company of women.
Kirsha Kaechele said the ladies’ lounge (pictured) was mostly women drinking champagne, laughing, sitting on a sofa.
The ladies’ lounge at the Museum of Old and New Art (pictured) has been taken to court for refusing to allow men inside.
Kaechele said “the living room is an essential space for perspective and reset from this strange and disjointed world of male domination.”
She added that it was mostly women drinking champagne, laughing, sitting on a couch.
The only exception to the salon’s rules is its staff of male butlers “who live to serve women.”
If TasCAT decides the ladies’ lounge should either close or allow men in, Kaechele is prepared to take the matter to the Tasmanian Supreme Court.