Test 2

Please select your preferred language.

請選擇你慣用的語言。

请选择你惯用的语言。

English
中文简体
台灣繁體
香港繁體

Login

Remember Me

New to Fridae?

Fridae Mobile

Advertisement
Highlights

More About Us

31 Dec 2010

Melbourne gay bar may not ask if patrons are gay: Tribunal

Staff at Melbourne's The Peel Hotel may not ask potential patrons to state their sexual orientation before allowing them to enter.

In 2007, Fridae reported that The Peel Hotel, a gay bar in Collingwood, Melbourne had successfully sought an exemption from Victorian Civil and Administrative Tribunal (VCAT) to legally turn away "people who do not identify as homosexual males" if staff believed their presence would adversely affect the pub's nature as a gay bar.

The Peel Hotel, a gay bar in Collingwood, Melbourne, Australia

The Herald Sun today reported that the Australian bar's three-year exemption has been done away with to comply with Victoria's Charter of Human Rights' privacy protection provisions.

VCAT senior member Cate McKenzie has reportedly granted the Peel a new three-year exemption sans the gay ID provision.

As of now, staff of the bar may not ask people their sexuality before allowing them to enter. Instead staff are "to explain the nature of the venue to prospective patrons ... and to permit them to choose whether or not to enter".

The pub, which did not oppose the changes, can however still bar those it believes may threaten the safety or comfort of patrons or the pub's nature as a gay bar.

The establishment first filed its case in December 2006 seeking to legally deny certain patrons based on their sexuality and gender entry to the club citing that its gay male patrons were upset at being gawked at and made fun of by heterosexuals and in some cases, being derided and/or are physically abused.

At the time, owner Tom McFeely said there were more than 2,000 venues in Melbourne that catered to heterosexuals, but his hotel was the only one marketing itself predominantly to gay men.

This is believed to be an unique case in Australia as the country's equal opportunity laws prevent people from being discriminated against based on race, religion or sexuality.

Australia

Reader's Comments

1. 2010-12-31 20:23  
this is wonderful! equality may have a place in the world after all.
2. 2010-12-31 22:12  
Who know among straight acting masculine men, 90% of them is gay :)
3. 2010-12-31 23:02  
this is a good thing. replacing one form of discrimination with another is just ridiculous, and does nothing to help society.
4. 2010-12-31 23:53  
good
5. 2011-01-01 00:59  
It's time to go to Australia.
6. 2011-01-01 01:19  
It seemed appropriate to deny services and entry to anyone disturbing the business of the bar, though I felt that it should not be reasoned on the ground that the straights are being a nuisance to the gays.

The more appropriate ratio decidendi should be that the management reserve the right to exercise this power on any potential patrons, thus the issue is no longer about sexual orientation.

NB: Look at the last "advice". "If you get upset that your friends or loved ones get "chatted" up by gay men". I'm guessing a jealous partner is equally capable of causing troubles at the bar.
7. 2011-01-01 03:24  
What a silly issue. They could post a sign informing potential customers, "this is a gay oriented bar but all are welcome."

I agree this was "reverse discrimination" of a bizarre type.
8. 2011-01-01 05:24  
Hehehe... McFeely....
9. 2011-01-01 06:14  
reverse discriminination is just as bad, if this went ahead, this will give straight venues an excuse to deny entry to gay people...

a double edge sword you see!
10. 2011-01-01 06:38  
I can understand why Australian straight people dare to openly discriminate gay people in public because as long as gay marriage is not legallize, it is still the same belief that gays can't have the same right as straight. Too few English speaking country legalize Gay Marriage. Canada and Iceland only. Please keep fighting, hopefully before 2020, Australia will be the third English speaking country legalize Gay marriage.

Legalize gay marriage is not what you see as a surface in this legal matter. Once it is legalize, the whole education system will change base on the new law. Family = man + woman, woman + woman or man + man. This definition will change the way education of family, love and sex is a completely different direction. Thus will produce newer generation who take gay as normal as straight. Brain washing from small is easier than changing an adult's mind.

In Canada, we no longer have this issue. The penalty of sexual discrimination is USD$10,000. Well, the person who brings the case is getting freeeeeee legal service to those who made the offensive discriminative statement again gay. Here you go, Canadians are much more freedom as gay. I can't find anyone wants to offend me because I am gay here, soooo sad because I really want $10,000 compensation.

Well, Australia is not too far from getting better for gay people to live. Work hard to legalize gay marriage. It is the way it goes. No choice. Good luck !
11. 2011-01-01 07:13  
Well, I also think that it's pretty fair to tell a gay bar that it can't discriminate against potential customers based on their sexuality. That's not right! After all, if there is an issue with how customers behave inside the venue, then management have the right - and the need - to ask them to leave. But other than that, it would be wrong, plain and simple, to tell people that that can't come in because they're Straight. Now, I'd sympathise if a bar eventually became flooded with Heteros, and Gays felt reluctant to go there, thus losing a 'gay' bar or gathering spot - but there's nothing to say that would happen, and you can't discriminate against people simply because of things that could possibly happen, you just can't. So, this judgement seems fair and proper - gay bars can't ask people if they're straight, and/or turn them away if they are...
12. 2011-01-01 10:57  
on my last visit to Melboune I took a gander, it was an appalling shabby venue dated and with a very suburban crowd it certainly could do with a renovation make over and really did any one think having a cruising area up stairs in a bar full of trashed skanky queens hanging around with their pants down around their ankles would do alot for HIV prevention...NOT... the Victorian health department should take a look at that situation certainly who ever OK's these types of ethical lapses shouldn't be permitted to run a liscenced venue
Comment edited on 2011-01-01 11:00:31
13. 2011-01-01 15:26  
Thumbs up!! :D
14. 2011-01-01 21:30  
Aztian your comments are cheap shots, the peel makes no pretence at being up market, the cruising area upstairs has sadly been closed (and it was great fun for me)

When upstairs was open condoms and lube packs were freely available. And was the upstairs cruising are an ethical lapse?? Whose ethics? Perhaps noted sydneysider Fred Nile?

As for suburban crowd...well us suburban boys enjoy a good night out same as everyone else!!

15. 2011-01-01 21:44  
The Court Hotel in Perth doesnt ask either. But then other main stream clubs/pubs dont ask your sexuality either.
16. 2011-01-03 00:59  
I think this is a great news.

I agree that giving Peel the right to refuse straight people entry creates an unpleasant precedent for straight bars to refuse gay people.

Explaining the nature of the bar to potential visitors and expelling guests with rowdy behavior is acceptable and is the right way to go.
17. 2011-01-03 07:42  
That's the problem with suspending freedom of association for others. You have to give up the right yourself. Equal treatment can be damn inconvenient sometimes.

Expect men to challenge women-only gyms like Curves next. Then Wicans wanting to go on Catholic-only retreats.
18. 2011-01-03 12:21  
Great, decrimination should not be tolerated either way.

Reply 10.

I understand your intentions are good. And I agree not enough 'western' countries allow for the same kinds of rights as hetrosexual couples not just on a marriage scale but in other areas as well. However, if we restrict ourselves to focusing merely on the 'western' countries progression of rights whilst neglecting the fact that many non English speaking (as you put it) countries have not really progressed at all in terms of regonition of gay people then in my mind we have an issue. I would like to see Asia now start to catch up to the west in the promotion of of not only gay rights but human rights in general. I know i'm probably gunna cop flack, but whatever. It amazes me that in 2011, One of the worlds super powers can lock up a democratic political advocator recognised with a nobel peace prize awarded by the international community for his efforts to fight for human rights. I also find it hard to believe that the same country can promote Mao as a good person when millions were executed in the cultural revolution and when tianamen square is not even acknowledged...it really is disgraceful. No one would find it accpetable to walk around with T shirts of hitler...yet T shirts of chairman Mao are seen around Sydney and no one even batters an eyelid. The west has a long way to go, yes, but now we should put pressure on the countries that are said to have a greater global responsibility into the future. And that's not going to be so much with 'English speaking' countries anymore.
19. 2011-01-03 16:25  
I have to agree that this may potentially cause an uncomfortable precedent for gay men to be subjected to further 'harsh' treatment : (

20. 2011-01-05 22:14  
silly article
21. 2011-01-07 09:05  
Equality will only exist for dreamers. All laws may change , but all people will not. For how long have we been discriminated against , for how long has our adolescence , our careers , our families been destroyed through it all ? How many gays have ended their life cause of discrimination , or should I keep going on ? Now that the law is on our side , isn't it roundabout time that we started calling the shots for a change ?

Please log in to use this feature.

Social


This article was recently read by

Select News Edition

Featured Profiles

Now ALL members can view unlimited profiles!

Languages

View this page in a different language:

Like Us on Facebook

Partners

 ILGA Asia - Fridae partner for LGBT rights in Asia IGLHRC - Fridae Partner for LGBT rights in Asia

Advertisement