This was published 4 months ago
Mona gallery forced to allow men into Ladies Lounge
By Aine Ryan
The Museum of Old and New Art (Mona) has been ordered to allow men into its Ladies Lounge after a man successfully claimed its women-only policy was discriminatory.
On Tuesday, the Tasmania Civil and Administrative Tribunal ruled that Mona must “cease refusing entry” to the Ladies Lounge “by persons who do not identify as ladies”, within 28 days.
The complainant visited Mona last year, only to find that he was denied entry into the Ladies Lounge.
NSW man Jason Lau claimed he was discriminated against because of his gender and was unable to fully experience Mona after paying his $35 museum entrance fee in April last year.
The women-only Ladies Lounge was created by Kirsha Kaechele, the wife of Mona founder David Walsh, and opened in 2020.
The installation, enclosed by plush, green silk curtains, sees female patrons attended to by male butlers and treated to champagne upon entry.
During the case, Mona’s counsel Catherine Scott conceded that the Ladies Lounge was discriminatory – the whole point of the work was to provide equal opportunity for a disadvantaged group, that is, women, who had been historically excluded from many spaces, she said.
Kirsha Kaechele (left) and supporters arrive for a hearing in March.Credit: Charlotte Vignau
Scott argued that by being denied access to the Ladies Lounge, men were indeed experiencing the work and its intent – they were not missing out.
At the heart of Scott’s legal argument was the exception provided by Section 26 of the Tasmanian Anti-Discrimination Act 1998, which states: “A person may discriminate against another person in any program, plan or arrangement designed to promote equal opportunity for a group of people who are disadvantaged or have a special need because of a prescribed attribute.”
Reading from her witness statement last month, Kaechele pointed out that it was only in 1965 that Australian women won the right to drink in a public bar, and before that, they were required to sit in a small area – the so-called ladies lounge – where they would often be charged more for their drinks.
The Ladies Lounge at Mona was inspired by this and many other historical inequities, as well as her own lived experience as a woman, Kaechele said, citing a recent visit to a pub on Flinders Island where some men said to her that perhaps she’d be more comfortable in the ladies lounge.
Despite their argument, the tribunal found “Lau was discriminated against contrary to the Anti-Discrimination Act 1998, and that discrimination was not permitted or excused by any provision in the Act”.
Kaechele declined to comment, but a Mona spokesperson said: “We are deeply disappointed by this decision. We will take some time to absorb the result and consider our options. We request that the artist’s privacy is respected at this time.”
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