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.
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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.
I agree this was "reverse discrimination" of a bizarre type.
a double edge sword you see!
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 !
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!!
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.
Expect men to challenge women-only gyms like Curves next. Then Wicans wanting to go on Catholic-only retreats.
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.
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