A women-only pole dancing studio on Australia's Gold Coast is being sued for $30,000 after its owner refused to grant membership to a transgender applicant, arguing the business exists to provide female clients with a space free from the "male gaze."
Queens of Pole owner Nomes Witney is defending the legal action after rejecting a membership application from a biological male who now identifies as a transgender woman. The dispute is now headed to the Queensland Civil and Administrative Tribunal after mediation through Australia's Queensland Human Rights Commission failed. The controversy began in February when the applicant attended a free trial class while Witney was away on holiday. According to Witney, one of her instructors later informed her that the participant disclosed during the session that they identified as a woman. Witney said the presence of a biological male immediately changed the atmosphere in the women-only class.
"The [attendees] tried to make their shorts longer than they were," she told The Australian, referring to their discomfort. "Usually we have a really high success rate for membership conversions from trial classes, but this particular class, radio silence." The applicant later attempted to register for membership, identifying as female on the application form. Witney declined the request, informing the applicant that the studio was unable to accommodate transgender members. Two days later, the applicant lodged a complaint with the Queensland Human Rights Commission. During mediation earlier this month, the applicant sought $30,000 in damages. The matter was not resolved and will now proceed to tribunal.
Witney said maintaining a women-only environment is non-negotiable because many of her staff and clients are survivors of domestic violence or sexual assault. "I myself come from a domestic violence and sexual assault background, and there are staff and clients with a similar history," she said.
"We're about offering the opportunity to exercise alongside other women and grow stronger. Having this women-only space to do that in isn't saying all men are bad men," Witney added. "It isn't about politics or hostility against gender ideology, it's about being able to let our hair down without the male gaze. The whole vibe shifts, even if that person identifies as female." Queensland Human Rights Commissioner Debbie Platz said excluding someone because of their gender identity "could amount to unlawful discrimination, unless an exemption applies," adding that some single-sex services are permitted under Australian law where specific exemptions exist.
Queens of Pole has operated for nine years and advertises itself as a female-only business. The applicant, a U.S. citizen who has lived in Australia for less than a year, has applied for suppression orders preventing identification in connection with the proceedings.
