The Museum of Old and New Art (Mona) has won an appeal in the Supreme Court against a tribunal decision that found a women-only exhibit discriminated against men.
The women-only Ladies Lounge, inside Hobart’s Mona, was created by artist Kirsha Kaechele.
A male visitor sued the museum, claiming he was discriminated against when refused entry to the Lounge.
Today’s decision will now be referred back to the Tasmanian Civil and Administrative Tribunal (TCAT) which will make a new decision about whether the Ladies Lounge can reopen to women only.
Background
The Ladies Lounge opened in 2020. It was an exhibit inside Mona where women could look at art and be served by male butlers.
Kaechele said it was designed to let women ‘escape’ the patriarchy.
Last year, NSW man Jason Lau bought a ticket to Mona, which he said should have provided full access to the museum, i.e. all of its exhibits. After he was denied entry to the Ladies Lounge, he took legal action.
Court
Lau argued that he was discriminated against based on his gender. Kaechele said this rejection was part of the artwork’s message.
Then, in April this year, the court ruled against Mona, finding the Ladies Lounge breached Tasmania’s anti-discrimination laws and ordered the museum to allow men to the exhibit.
Instead, the Ladies Lounge was closed. Kaechele said she would only appeal the court’s decision if “it would benefit not only my art, but the law, the world and women in general.”
Women’s toilet
Laws in Tasmania only allow separation by gender in certain settings, like a church or bathroom.
The Ladies Lounge originally housed paintings that Kaechele said were by Pablo Picasso.
Following the court ruling, she displayed those paintings in a women’s bathroom at the museum.
Kaechele has since revealed the paintings are fakes.
Appeal
This month, the case between Mona and Lau was escalated to Tasmania’s Supreme Court.
Acting Justice Shane Marshall ruled in favour of Mona, citing the state’s laws, which allow discrimination if it’s “designed to promote equal opportunity for a group of people who are disadvantaged”.
Further, the TCAT will now reassess its initial ruling based on the Supreme Court’s judgement. It will decide whether the Ladies Lounge can be reopened to women only.
“I am incredibly grateful to live in a democracy where opposing viewpoints can be exercised calmly in a court of law… Thank you again Jason Lau for initiating this process and bringing the artwork to life.”
Artist Kirsha Kaechele in an Instagram post.
