‘Deeply disappointed’: Mona considering its options after Ladies Lounge shock ruling

”One of the most difficult periods of my life.” Artist and curator Kirsha Kaechele has spoken out following a shock ruling that will force Mona to open its “Ladies Lounge” to men.

The women-only ladies' lounge at Mona. Picture: Jesse Hunniford

Artist and curator Kirsha Kaechele has spoken out of her distress and next steps following a shock tribunal ruling that will force Mona to open its “Ladies Lounge” to men.

The women-only, emerald-curtained room - designed by Ms Kaechele - has been given 28 days to cease refusing entry to “persons who do not identify as ladies”.

The shock Tasmanian Civil and Administrative Tribunal decision came on Tuesday after an interstate, male visitor lodged a discrimination complaint against the museum when he was refused entry to the Ladies Lounge in April 2023.

“I am deeply saddened by the court’s ruling against the Ladies Lounge,” Ms Kaechele announced via social media on Wednesday.

“But, by grace of due process, I have been granted a 28-day period. This allows me space to absorb the situation, seek counsel and compose myself.

“I am so grateful for your ongoing understanding and support through one of the most difficult periods of my life. Such periods can be painful, as many of us know.”

Kirsha Kaechele installing the Ladies Lounge at Mona. Picture: Jesse Hunniford

A spokesperson for Mona said the museum was now considering its options, although it remains unclear whether it plans to appeal the decision.

During the tribunal hearing last month, Mona’s lawyer Catherine Scott flagged the museum would need to close the lounge altogether rather than allow men, given it would alter the very nature of the women-only exhibit.

“Mona’s position is that wouldn’t work,” she told the tribunal at the time.

A Mona spokesperson said the museum was “deeply disappointed” by the tribunal’s decision.

“We will take some time to absorb the result and consider our options,” they said.

“We request that the artist’s privacy is respected at this time.”

Mona’s Ladies Lounge legally ordered to permit men

In a move certain to send shockwaves through Tasmania’s art community and among feminists, Mona has been ordered to allow men into its opulent, female-only “Ladies Lounge”.

The order was issued on Tuesday afternoon by the Tasmanian Civil and Administrative Tribunal – after New South Wales resident Jason Lau lodged a discrimination complaint when he was blocked from entering the room designed by Kirsha Kaechele.

While the tribunal has given the museum 28 days to cease refusing entry to “persons who do not identify as ladies”, it is understood that Mona could instead close down the lounge altogether – given allowing men would alter the very nature of the artwork.

Kirsha Kaechele arrives at the Tasmanian Civil and Administrative Tribunal. Picture: Chris Kidd

In his published decision, tribunal deputy president Richard Grueber described the dispute between Mr Lau and the museum as a “conflict between an artwork which deliberately and overtly discriminates for artistic purpose and legislation which has the objective of prohibiting discrimination”.

“From Caravaggio to Jeff Koons, artists and their art have at times had a difficult relationship with the law. This is not surprising,” Mr Grueber said.

Mr Grueber said the Ladies Lounge, which opened in 2020, contained a number of significant artworks, but was also an artwork in itself.

He said Mr Lau was “not happy” when he paid a $35 entry fee to Mona in April 2023, but was not permitted entry into the ladies’ lounge – a green silk-curtained room “invigilated” by a museum attendant.

Mr Grueber noted the case contained a number of paradoxes – as if the Ladies Lounge were a women-only club, it would be protected by legislation relating to clubs.

He also noted that while the lounge had a clear “good faith artistic purpose”, this was not a protected purpose under discrimination laws.

Ms Kaechele, in a statement to the tribunal describing her artwork, noted it featured a custom-designed green velvet lounge – “specifically a tethered, rearing, restrained-by-golden-chains-and-then-ultimately-defeated phallus” in the centre.

She said the room also contained a Venetian Murano chandelier, “two paintings that spectacularly demonstrate Picasso’s genius”, a collection of antique Pacific Island ceremonial spears, a Carrara marble table, and Kaechele’s own gold-jewelled wedding “crown”.

The women-only ladies' lounge at Mona. Picture: Jesse Hunniford

Ms Kaechele noted the detriment caused to Mr Lau was “real”.

However she also said, during a hearing in Hobart last month, that the Ladies Lounge was a response to the “lived experience of women forbidden from entering certain spaces throughout history”.

During last month’s hearing, Mona’s lawyer Catherine Scott 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.

Mr Grueber said he accepted that women experienced some “broad societal disadvantage” and that female artists experienced disadvantage in respect to display of artworks.

However, he said he could not find that blocking men from the Ladies Lounge promoted opportunity for female artists or promoted equal opportunity for access by women to spaces within the meaning of that legislation.

Finally, Mr Grueber also chastised Ms Kaechele and about 25 female supporters for their conduct during and after the hearing, after they co-ordinated movements during proceedings and left the tribunal building in a co-ordinated dance stunt to Robert Palmer’s Simply Irresistible while dressed in blue power suits.

“It … did not disrupt or influence the hearing. However, at the very least it was inappropriate, discourteous and disrespectful, and at worst contumelious and contemptuous,” he said.

Mr Grueber said he believed the conduct was “some form of performance art rather than being calculated to influence Mr Lau or the determination of his complaint”.

He said if he had decided the latter, he would have been obligated to refer the conduct to the Director of Public Prosecutions to consider prosecution.

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