Male museum visitor lodges legal battle against Mona over its women-only ‘ladies’ lounge’
‘Why can we have a sense of humour about it? It’s because as women, we don’t hold the power.’ Mona could be ordered to close its opulent ‘ladies lounge’ following a discrimination complaint. WATCH HERE >>
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Mona could be ordered to close down its opulent, emerald-curtained “ladies lounge” following a discrimination battle waged by an interstate museum visitor.
New South Wales resident Jason Lau has lodged a complaint with Tasmania’s Anti-Discrimination Commissioner after he paid $35 for a ticket to Mona, but was excluded from the artwork designed by Mona’s “first lady” Kirsha Kaechele.
The stoush was played out in the Tasmanian Civil and Administrative Tribunal on Tuesday, with Ms Kaechele speaking passionately about why she felt a women-only ladies’ lounge that excluded men was an essential statement in the male-dominated art world.
She was accompanied by about 25 women, mainly dressed in blue power suits, glasses and pearl necklaces, who synchronised their movements in the hearing room – leaning back, leaning forward, holding onto their spectacle frames as one.
As the hearing concluded, the women formed a type of conga line and left the building while performing a synchronised dance step to the music of Robert Palmer’s Simply Irresistible.
Mr Lau represented himself via video link during the hearing, which was presided over by tribunal deputy president Richard Grueber.
He said that during his trip to Mona, he had been “quite surprised” to be refused access to the ladies lounge “on the basis I was male”.
“Any lay person would expect that if you buy a ticket, you would expect the provision of goods and services in line with the law,” he said.
Mr Lau also argued that men weren’t told they weren’t permitted entry to the lounge until after the ticket was purchased.
He has sought relief by Mona either removing the lounge, ceasing the exclusion of men, or creating a two-tiered ticketing system.
Mona’s lawyer Catherine Scott said to stop men being excluded from the artwork would change the very nature of the work, and also said Mona couldn’t change the ticketing system.
She argued the ladies’ lounge was covered by section 26 of Tasmania’s Anti-Discrimination Act, which allows for discrimination in any program, plan or arrangement designed to promote equal opportunity for a group of people who are disadvantaged, or have a special need due to a particular attribute.
Ms Kaechele was called to the witness stand to give evidence about how and why she created the ladies’ lounge, giving a vivid description of the creative process.
“An artwork – my experience is they tend to emerge. They’re not borne out of a particular moment. They’re part of an emergent process that I’m completely enthralled by as an artist and have a sense of awe for,” she said.
“I feel that I’m a vessel and the artwork builds itself. I like to call it ‘God is the curator’, to irritate my atheist friends, but it really feels like this artwork is coming through me.”
Ms Kaechele said women were traditionally excluded from places of power, and that she designed the ladies’ lounge in response to Mona having an imbalance of works by male and female artists.
“This presented the opportunity to make a statement and make a place for the gathering of women, for the very special thing that happens when women come together – and I mean anyone who identities as a woman, you don’t have to be born a woman,” she said.
“It excludes men, and I would be lying if I were to say I didn’t find it titillating.
“I think women have a moment of excitement and glee. It’s naughty. But why can we have a sense of humour about it? It’s because as women, we don’t hold the power.”
Ms Kaechele said the ladies’ lounge “absolutely addresses inequality”.
In her closing submissions, Ms Scott said if the lounge was a club where entry was charged, “we wouldn’t be here today because clubs have an exemption” under discrimination laws.
She said the ladies’ lounge came about from Mona realising it had a lack of art by women.
“It’s potentially a really powerful piece, a really powerful medium,” she said.
“It also responds to the historical exclusion of women from spaces.”
Ms Scott also said Mr Lau did in fact experience the artwork of the ladies’ lounge, which was one of the “clever” aspects of the artwork in responding to female disadvantage.
“Mr Lau did get to experience the artwork, which was his exclusion,” she said.
“Part of the experience is being denied something that is desired.”
Mr Grueber will hand down his decision at a date to be determined.
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