The Museum of Old and New Art (MONA) in Tasmania can now re-open its Ladies Lounge after Tasmania’s supreme court ruled that it did not breach discrimination law by only allowing people who identify as women to enter the space.
On Friday, Justice Shane Marshall overturned a decision made by the Tasmanian Civil and Administrative Tribunal which found that the Ladies Lounge went against the state’s Anti-Discrimination Act 1998. As a result, the case will go back to the tribunal for reconsideration.
The issue was originally brought in front of the courts after a NSW man named Jason Lau complained that he wasn’t allowed to enter the room — which is curtained off and filled with art — due to his gender in April 2023.
Lau represented himself and argued that he had been discriminated against due to his gender, the poor doll. And, despite the whole thing feeling absolutely ridiculous, the tribunal ruled in his favour. MONA was instructed to either allow men to enter the space or shut the Ladies Lounge down.
Kirsha Kaechele, the curator of the space and wife of MONA’s owner David Walsh, essentially said ‘absolutely fucking not’ and closed the Ladies Lounge rather than have the entire concept of the space — which is literally about the consistent exclusion of women from power and privilege — ruined by some angry man.
Instead, she moved the artworks into the ladies’ room (genius) and appealed to the Supreme Court of Tasmania.
MONA’s legal counsel Catherine Scott argued that the tribunal did not accurately apply section 26 of the Anti-Discrimination Act 1998 when reaching their ruling back in April. This section allows discrimination when it is on the grounds of promoting equal opportunities for disadvantaged groups of people.
In a written statement to the Supreme Court, Scott described the space as a “flipped universe” in which men could experience how it feels to be discriminated against, inspired by women being excluded by spaces like men’s clubs.
Throughout the legal battle, Kaechele has been surrounded by supporters — dozens of women dressed in navy suits and pearls who swan in to court behind her, swaying in unison as they entered the court.
With Kaechele’s flair, the whole thing has been amazing to watch. But now with this Supreme Court ruling, I can’t wait for the Ladies Lounge to re-open so I can head down to Tassie in my own navy outfit and pearls and soak up the glory.
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