By Delaney Szekely, Staff Writer
Behind a green velvet curtain in Tasmania’s Museum of Old and New Art, there is an exhibit of priceless artifacts.[1] However, there is a specific entry ticket one must have to enter this exhibit. To enter, you must identify as female. No men can enter the Ladies Lounge.[2]
The Ladies Lounge, curated by Kirsha Kaechele, is a statement on sexism and exclusion. The purpose of this exhibit is to exclude men in a manner similar to the historic and modern exclusion of women.[3] The idea for the all-women’s lounge stemmed from a longstanding practice of barring women from entering Australian pubs. Such restrictions were permitted until abolishment in 1965. The Ladies Lounge functions to mimic this practice in reverse by granting women priority treatment.[4]
The controversial exhibit gained notoriety online after Jason Lau, a male patron who visited the museum, sued based on gender discrimination because he was barred from entering the Ladies Lounge.[5] The initial suit tried before the Tasmanian Civil and Administrative Tribunal ruled in favor of Lau,[6] ordering the Ladies Lounge be open to men after a 28-day reconfiguration period.[7] Rather than allow male patrons to see the art on display in the lounge, the museum planned to install a toilet in the gallery to keep the space private.[8]
In addition to the creative solutions considered to circumvent the court’s ruling, Kaechele appealed the decision. Her decision to appeal stemmed from considerations that doing so would have a positive impact on “. . . the law, the world and women in general . . .” in addition to her art.[9] The basis of Kaechele’s argument for the continued exclusion of male patrons was that the exclusionary practice central to the exhibit created an equal opportunity for a disadvantaged group.[10]
On September 27, 2024, Acting Justice Stephen Marshall of the Supreme Court of Tasmania overturned the Tribunal’s decision. The Justice found that it is legal to bar male patrons’ entrance to the Ladies Lounge based on the exception provided by Section 26 of the Anti-Discrimination Act of Tasmania.[11] The exception 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.”[12]
The judge found that the historic exclusion of women which inspired the exhibit, coupled with the modern challenges women face, was more than enough evidence to determine women are at a disadvantage.[13] As such, women are protected as a disadvantaged group.[14] The Justice further explained that the creation of the Ladies Lounge intended to present an alternative reality in which female visitors are uplifted to the status of their male peers. The intention of creating an alternative reality functions to highlight the societal inequalities based on gender, which provides additional insight into the conclusion that women are part of a disadvantaged group. Based on the conclusion that women are a disadvantaged group, the case was remanded to the Tribunal courts for reconsideration.[15] Until then, the Ladies Lounge will remain closed.[16]
Although men are not granted admission to see the art, they are participating with the art, nonetheless. The Ladies Lounge is not just about the physical lounge, but the differences in experience between men and women. While men might not enjoy being barred from the Ladies Lounge, their exclusion is an essential part of the powerful message of the exhibit.[17]
[1] https://time.com/6975843/ladies-lounge-exhibit-mona-australia-toilet-kaechele-discrimination/
[2] https://mona.net.au/other-stuff/kirsha-kaechele
[3] https://www.theguardian.com/artanddesign/2024/sep/27/mona-ladies-lounge-exhibit-discrimination-case-banning-men-appeal-overturned
[4] https://www.artnews.com/art-news/news/tasmania-supreme-court-overrules-closing-of-women-only-art-installation-1234718853/
[5] Id.
[6] Id.
[7] https://mona.net.au/blog/interview-with-kirsha-kaechele-about-the-ladies-lounge
[8] https://time.com/6975843/ladies-lounge-exhibit-mona-australia-toilet-kaechele-discrimination/
[9] https://mona.net.au/blog/interview-with-kirsha-kaechele-about-the-ladies-lounge
[10] https://www.theguardian.com/artanddesign/2024/sep/27/mona-ladies-lounge-exhibit-discrimination-case-banning-men-appeal-overturned
[11] https://www.theartnewspaper.com/2024/09/27/tasmanias-supreme-court-overturns-ruling-that-saw-women-only-art-installation-shut-down
[12] https://www.legislation.tas.gov.au/view/whole/html/inforce/current/act-1998-046
[13] https://www.bbc.com/news/articles/cvglvy6gn54o
[14] https://www.artnews.com/art-news/news/tasmania-supreme-court-overrules-closing-of-women-only-art-installation-1234718853/
[15] Id.
[16] https://www.bbc.com/news/articles/cvglvy6gn54o
[17] Id.
