Kirsha Kaechele will appeal a Tasmanian tribunal’s decision to close a women’s only space in the Museum of Old and New Art (MONA) that was found to be discriminatory against men.
Last month, the Tasmanian Civil and Administrative Tribunal ruled in favour of NSW man Jason Lau, who accused Moorilla Estate, the parent company of MONA, of discriminating against him when he was refused entry into Kaechele’s conceptual art and women’s only space, the Ladies Lounge.
Deputy President of the TASCAT Richard Grueber said under Section 26 of the Anti-Discrimination Act 19998 said MONA’s refusal of Lau’s entry into the Ladies Lounge was “direct discrimination”.
Grueber’s decision meant MONA had 28 days to change the Ladies Lounge to include all visitors, a grace period that ceased on Monday.
The Ladies Lounge subsequently closed to the public, but on Tuesday, Kaechele released a statement announcing she would be appealing the TASCAT’s decision.
“I think it’s worth exercising the argument, not only for the Ladies Lounge, but for the good of art, and the law,” Kaechele said.
“We need to challenge the law to consider a broader reading of its definitions as they apply to art and the impact it has on the world, as well as the right for conceptual art to make some people (men) uncomfortable.”
Kaechele’s statement said the tribunal did not adequately consider how women have been treated historically, and the ongoing societal impacts experienced by women today, in its judgment on the purpose of the Ladies Lounge refusing entry to men.
“Ladies love the lounge – a space away from men – and given what we have been through for the last several millennia, we need it! We deserve both equal rights and reparations, in the form of unequal rights, or chivalry – for at least 300 years,” Kaechele said.
The appeal will go to the Supreme Court of Tasmania, but could take up to a year for the hearing to commence.
In an interview with MONA, Kaechele discussed ways to allow the Ladies Lounge to operate under the exemptions of the Anti-Discrimination Act, which allows discrimination for the purposes of religion, education and providing facilities.
Kaechele said she intends to modify the space, installing a church, a school and a toilet.
Kaechele, a US-born artist, opened the Ladies Lounge in 2020 at the MONA, a space that contains special artworks, refreshments and even butlers to wait on visitors.
Importantly, the “conceptual artwork” was created for women only. Speaking to the ABC, Kaechele said “the rejection of men is a very important part of the artwork”.
Following his visit in April last year, NSW man Jason Lau launched legal proceedings against Moorilla Estate, the parent company of MONA, alleging his was discriminated against.
“I visited MONA, paid $35, on the expectation that I would have access to the museum, and I was quite surprised when I was told that I would not be able to see one exhibition, the Ladies Lounge,” Lau told the TASCAT in March.
“Anyone who buys a ticket would expect a fair provision of goods and services.”