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Jason Lau, a visitor from New South Wales, who had paid the museum’s $35 AUD ($23 USD) entry fee, was barred from entering the exhibit on April 1 last year. According to tribunal documents, Lau believed he experienced direct gender discrimination. “He felt strongly enough about this to file a complaint with Equal Opportunities Tasmania,” read the notes.
During proceedings, Kaechele told the tribunal that denying men entry to the mysterious room is indeed part of the art — giving them a taste of the discrimination and exclusion many women have experienced through history.
Kaechele said she believed that women “deserve both equal rights and special privileges in the form of unequal rights,” as a means of restitution for historical injustices, “for a minimum of 300 years.”
In its judgment, the tribunal recognized that the art exhibition had “a pointedly participatory component that is intentionally discriminatory, for a good faith artistic purpose that many might not only appreciate but sympathise with or endorse.”
However, it also asserted that Australia’s 1998 anti-discrimination act “does not permit discrimination for good faith artistic purpose per se.”
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In her witness statement to the tribunal, the artist said: “We are so deeply embedded in the dominion of man that we do not even see the myriad ways in which we adhere to and multiply his reign.”
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Kaechele in an earlier interview with ABC’s The Project, told the program she was “grateful” for Lau’s complaint, as it gave her the chance to test out the argument legally, but warned that a ruling in Lau’s favor would mean the Ladies Lounge would have to close.
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