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 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.