A Tasmanian court has overturned a prior ruling that forced the closure of the Ladies Lounge exhibit at the Museum of Old and New Art (Mona).
The exhibit, which is exclusively for women, was initially shut down following a successful gender discrimination lawsuit. However, the recent decision by the Supreme Court allows it to re-open.
The Legal Battle
The Ladies Lounge at Mona has been a subject of controversy since its inception. Designed to highlight historical misogyny, the exhibit bans male visitors, which led to a lawsuit from a male patron claiming gender discrimination.
Earlier this year, Mona was compelled to close the exhibit after the court initially ruled in favour of the complainant. However, on Friday, Tasmanian Supreme Court Justice Shane Marshall ruled that the Ladies Lounge’s exclusion of men is lawful.
A Positive Advantage
Justice Shane Marshall noted that the art installation provides a ‘positive advantage’ to women, who, according to him, experience societal disadvantages. The law in Tasmania permits discrimination if it promotes ‘equal opportunity’ for a marginalised group.
According to the judge, this exhibit aims to reset the imbalance women face in various spheres of life. The Ladies Lounge was designed to offer women a space free from male domination.
The Artist’s Perspective
The artist behind the exhibit, Kirsha Kaechele, expressed her satisfaction with the court’s ruling. ‘This is a big win. It took 30 seconds for the decision to be delivered – 30 seconds to quash the patriarchy,’ she said in a statement.
She emphasised that the purpose of the Ladies Lounge is to flip the traditional power dynamics and provide a ‘reset’ for women. This was particularly relevant given the historical exclusions women faced, such as the prohibition from drinking in the main sections of bars until 1965.
The exhibit serves as a commentary on societal norms and aims to challenge the status quo.
The Complaint and Initial Ruling
The complaint that led to the initial ruling was filed by Jason Lau, a New South Wales native who felt the exhibit’s exclusion of men was unlawful. Representing himself, Lau argued that Mona had violated the state’s anti-discrimination act.
Lau contended that the museum failed to provide ‘a fair provision of goods and services in line with the law’ to male ticket holders. The tribunal initially dismissed Mona’s defence that the exclusion was a part of the artwork.
The tribunal’s initial judgement highlighted that women no longer faced the same levels of exclusion from public spaces as they had in the past.
The New Ruling
The recent Supreme Court ruling has now sent the case back to the tribunal for reconsideration. Several steps remain before the Ladies Lounge can officially re-open, including the updated ruling from the tribunal.
A spokesperson from Mona mentioned that the museum’s legal team is optimistic about the future. They believe the recent decision recognises the intended purpose of the Ladies Lounge. The exhibit aims to highlight and challenge the inequality that exists for women in various spaces today.
Future Implications
The ruling could set a precedent for other art installations and spaces designed to promote gender equality. The Ladies Lounge, which opened in 2020, houses some of Mona’s most acclaimed works and is now a focal point in discussions about art and gender policy.
This decision may encourage other museums and galleries to take bold steps in addressing social inequalities through art.
Public Reaction
The decision has sparked diverse reactions on social media, with many lauding the ruling as a step forward for gender equality. Others, however, are concerned about the implications of allowing such gender-specific spaces.
The recent ruling by the Tasmanian Supreme Court is a significant victory for the Ladies Lounge exhibit and its creator, Kirsha Kaechele.
While several steps remain before the exhibit can re-open, the decision reinforces the importance of art in challenging societal norms and promoting equality.
