A man denied entry to a ladies-only lounge at the Museum of Old and New Art (Mona) in Hobart has complained the artwork is discriminatory.
The ‘ladies lounge’ is the work of artist Kirsha Kaechele, whose husband is Mona owner David Walsh.
It is a small space in the gallery, surrounded by green silk curtains and contains valuable artwork and velvet lounges.
The entrance is guarded, and only people who identify as women are allowed in.
There are exceptions. The lounge is staffed by male butlers “who live to serve women”, according to Ms Kaechele.
Ms Kaechele argues the lounge addresses inequality, providing a place “for women to retreat, to escape the patriarchy, to enjoy the company of each other”.
“I think the rejection of men is a very important part of the artwork,” she said.
Not everyone agrees.
New South Wales resident Jason Lau visited Mona in April last year, and was denied entry to the lounge because of his gender.
He made a complaint to Tasmania’s Equal Opportunity Commissioner, arguing the artwork is discriminatory. The commissioner then referred the matter to the Tasmanian Civil and Administrative Tribunal (TasCAT).
A one-day hearing was held in Hobart on Tuesday.
And it became a piece of performance art, in and of itself.
Women in blue descend on tribunal room
Ms Kaechele described the tribunal hearing as an extension of the artwork, with a large group of women dressed in navy blue and pearls attending in support of Mona’s stance.
At times during proceedings and in unison the group would lean forward and peer over the tops of their glasses.
Three courtroom artists drew sketches.
The women danced out of the hearing rooms to the tune of the Robert Palmer song “Simply Irresistible.”
“The hearing really felt like the art coming to life, it was a living part of the work,” said Ms Kaechele.
Man ‘surprised’ after paying $35 entry fee
Jason Lau appeared via video link.
He said when he visited Mona last year he was not told he would be excluded from the lounge when he paid his $35 entrance fee, and was “quite surprised” to discover he would be denied entry.
Mr Lau said he expected the provision of goods and services to be in line with the law.
He argued the ladies lounge was discriminatory.
Kirsha Kaechele agrees men are disadvantaged by being denied access to the lounge.
“I side with Mr Lau and acknowledge that his description of loss is indeed substantial,” said Ms Kaechele in her witness statement.
“The ladies lounge … holds several of the most precious artworks of the collection.”
Mona argued that section 26 of the Tasmanian Anti-Discrimination Act allows for discrimination in a program that promotes equal opportunity for a group of people who are disadvantaged.
Ms Kaechele said the lounge was a response to the lived experience of women, forbidden from entering certain spaces throughout history.
She said one example was elite male-only clubs “of which Australia has several”.
Ladies lounge concept speaks to centuries of oppression
Ms Kaechele also cited that it wasn’t until 1965 that women won the right to drink in a public bar and were instead relegated to ladies’ lounges.
“Over history women have seen significantly fewer interiors.”
Ms Kaechele argued that the ladies lounge at Mona couldn’t be compared to male-only clubs that perpetuate power structures and the patriarchy.
“Power still absolutely lies with men regardless of what the law says,” Ms Kaechele said during the hearing.
She described the exclusion of men from the ladies lounge as “titillating, it’s fun, it’s exciting … it’s naughty.”
“If we (women) were holding power it would be menacing.”
She said the ladies lounge mostly involved women “drinking champagne, having a laugh, sitting on a sofa.”
She argued to equalise the injustices women have experienced they should not only be given equal rights but also special privileges for the next 300 years.
Jason Lau said it was not clear what the goal or intent of the ladies lounge was, nor did he think it had been made clear that it addresses issues of inequality or equal opportunity.
He suggested Mona could cease excluding men from the lounge or change the ticketing system – a suggestion Mona’s lawyers have rejected.
The tribunal will hand down its decision at a later date.
Kirsha Kaechele has indicated she would take the matter to the Supreme Court if the outcome was not in Mona’s favour.
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