Gay bar win opens can of worms
Matt Doran
May 29, 2007 12:00am
HOTELS and nightclubs should be given the green light to ban men or women at venues with a "gender imbalance", the Australian Hotels Association said yesterday.
The AHA made the claim yesterday after a landmark decision at the state planning tribunal allowing a Melbourne gay pub to ban heterosexuals.
AHA state CEO Brian Kearney said the decision should lead to more leniency for venues wanting to address the issue of gender balance.
"We are hopeful this decision might result in a more flexible attitude to publicans who want to ensure a good mix of men and women at their venue," Mr Kearney said.
"There have been a few cases before VCAT by hotels wanting the right to refuse entry to males or females when the balance isn't right, but they have been overwhelmingly rejected."
The Herald Sun yesterday revealed the owners of Collingwood pub the Peel won the right to refuse entry to straight men and women.
Owner Tom McFeely argued the exemption, under the Equal Opportunity Act, would help prevent "sexually based insults and violence" towards its gay patrons.
Mr McFeely said that while the pub welcomed everyone, its gay clientele had expressed discomfort over the number of heterosexuals and lesbians coming to the venue over the past year.
"We've had instances in the past where, for example, a bucks' night has come up to the Peel or a hens' night," he said.
"Our whole atmosphere changes immensely."
Mr McFeely said that before the ruling it was illegal to refuse entry to a large group of people based on sexuality, making his gay customers uncomfortable and unable to express their sexuality freely.
He said there were more than 2000 venues in Melbourne that catered to heterosexuals, but his pub was the only one marketing itself predominantly to gay men.
"Heterosexuals have other places to go to, my homosexuals do not," Mr McFeely said.
But he said there had already been a backlash against the decision, with dozens of people phoning with homophobic abuse.
"The phone honestly hasn't stopped ringing and that's sad," Mr McFeely said.
"But it also, in my head, demonstrates the need for this type of thing because there is still quite a bit of homophobia in the general community."
The Peel yesterday received support from the Equal Opportunity Commission, which said gays had the right to socialise in a safe place.
"From my understanding this was not a move for a blanket ban of straight people. It was a decision taken to maintain the safety of the hotel's gay patrons," EOC chief Helen Szoke said.
Ms Szoke said while the decision was unique, it did not necessarily open the floodgates for other venues wanting discrimination exemptions.
"Each case before the Victorian Civil and Administrative Tribunal is looked at on its own merit," she said.
"It is not OK in all cases to ban men or women just to get the gender balance right."
Matt Doran
May 29, 2007 12:00am
HOTELS and nightclubs should be given the green light to ban men or women at venues with a "gender imbalance", the Australian Hotels Association said yesterday.
The AHA made the claim yesterday after a landmark decision at the state planning tribunal allowing a Melbourne gay pub to ban heterosexuals.
AHA state CEO Brian Kearney said the decision should lead to more leniency for venues wanting to address the issue of gender balance.
"We are hopeful this decision might result in a more flexible attitude to publicans who want to ensure a good mix of men and women at their venue," Mr Kearney said.
"There have been a few cases before VCAT by hotels wanting the right to refuse entry to males or females when the balance isn't right, but they have been overwhelmingly rejected."
The Herald Sun yesterday revealed the owners of Collingwood pub the Peel won the right to refuse entry to straight men and women.
Owner Tom McFeely argued the exemption, under the Equal Opportunity Act, would help prevent "sexually based insults and violence" towards its gay patrons.
Mr McFeely said that while the pub welcomed everyone, its gay clientele had expressed discomfort over the number of heterosexuals and lesbians coming to the venue over the past year.
"We've had instances in the past where, for example, a bucks' night has come up to the Peel or a hens' night," he said.
"Our whole atmosphere changes immensely."
Mr McFeely said that before the ruling it was illegal to refuse entry to a large group of people based on sexuality, making his gay customers uncomfortable and unable to express their sexuality freely.
He said there were more than 2000 venues in Melbourne that catered to heterosexuals, but his pub was the only one marketing itself predominantly to gay men.
"Heterosexuals have other places to go to, my homosexuals do not," Mr McFeely said.
But he said there had already been a backlash against the decision, with dozens of people phoning with homophobic abuse.
"The phone honestly hasn't stopped ringing and that's sad," Mr McFeely said.
"But it also, in my head, demonstrates the need for this type of thing because there is still quite a bit of homophobia in the general community."
The Peel yesterday received support from the Equal Opportunity Commission, which said gays had the right to socialise in a safe place.
"From my understanding this was not a move for a blanket ban of straight people. It was a decision taken to maintain the safety of the hotel's gay patrons," EOC chief Helen Szoke said.
Ms Szoke said while the decision was unique, it did not necessarily open the floodgates for other venues wanting discrimination exemptions.
"Each case before the Victorian Civil and Administrative Tribunal is looked at on its own merit," she said.
"It is not OK in all cases to ban men or women just to get the gender balance right."
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