Major backflip on ‘Ladies Lounge’ decision after male visitor who was denied entry claimed he was discriminated against by MONA

A legal bid that forced the closure of an art gallery’s controversial ‘Ladies Lounge’ has been quashed by the Tasmanian Supreme Court.

The lounge, at the Museum of Old and New Art in Hobart, was closed in April after NSW man Jason Lau complained to the Tasmanian Civil and Administrative Tribunal that he had been wrongly denied access to the installation.

The tribunal found the ladies’ lounge, a small exhibition space in the museum open only to women, breached Tasmania’s 1998 Anti-Discrimination Act.

MONA was ordered by the tribunal to ‘stop denying access to the Ladies Lounge to persons who did not identify themselves as ladies’.

The gallery was created to consider their options, including allowing men access to the lounge or reforming the installation.

Curator Kirsha Kaechele decided to close the women’s lounge completely.

On Friday, the decision was overturned after an appeal publicly led by Ms Kaechele, with MONA’s lawyers successfully arguing that the lounge addresses the persistent disadvantages modern women face.

On appeal to the Supreme Court, MONA argued that the exclusion of men was permitted under Article 26 of the 1998 state anti-discrimination law.

MONA trustee Kirsha Kaechele and her supporters are seen at the Supreme Court on Friday

Ms Kaechele, who is also the wife of MONA owner David Walsh, said her lawyers had “destroyed” the patriarchy on Friday.

“It’s a day of triumph for us and we are very excited,” she said outside the courtroom.

“The patriarchy (has) been destroyed and the verdict shows a simple truth: women are better than men,” she said outside the courtroom.

Ms Kaechele revealed that “plans are in the works” for the future of the lounge.

“Something’s going to happen to the ladies’ lounge. “There are plans in the works…some kind of celebration,” she said.

In his ruling, Acting Judge Stephen Marshall found that the tribunal had erred in claiming that the lounge only covered women’s previous experiences of disadvantage.

‘[The lounge’s] The intention was to promote equal opportunities by drawing attention to the current and past social disadvantage of women, offering them the concept of a ‘flipped universe’, he said.

“(It gives) women a rare glimpse of what it’s like to be advantaged rather than disadvantaged.”

Judge Marshall said the tribunal failed to properly assess a report on the status of women in Australia, which referred to structural discrimination.

Mr Lau’s lawyer, Greg Barns, argued that the purpose of the lounge was solely to reflect on the historical disadvantage of women.

The Ladies Lounge was enclosed by a curtain and supervised by an attendant who only allowed in people who identified as women.

In the decision, Judge Marshall provided a clearer definition of the space, noting that the lounge was a “participatory installation.”

“The process of admission or denial of entry and participation in the ladies’ lounge is part of the art itself,” he said.

MONA curator Kirsha Kaechele said the women’s lounge (pictured) was mainly about women ‘drinking champagne, laughing, sitting on a couch’

Ms Kaechele (pictured outside the Supreme Court on Friday) is now legally able to reopen MONA’s Ladies Lounge, but has remained tight-lipped on her plans for the future

Ms. Kaechele previously considered a number of ways to circumvent the tribunal’s original ruling; including trying to reopen the space as a “church” or “bathroom.”

The trustee posted on social media on Friday about her all-female legal team’s day at the Supreme Court of Tasmania.

“The Supreme Court of Tasmania, 9.30 this morning. We stepped in (the ladies – red lips, navy blue, pearls). It took 30 seconds to deliver the verdict,” she wrote.

‘The judge’s decision shows a simple truth: women are better than men. Yeah, the guys are understandably a little grumpy about that. They may even appeal.

‘I believe in and love the Ladies Lounge. It is a unifying force that has brought together women from all sides of the political spectrum – hallelujah! Art has merged with the world and has removed the barriers between art and life.’