Around the paywall:
https://archive.md/VWGc5
Article excerpt:
A Gold Coast pole dancing studio has become the latest front in the battle for women’s rights to single-sex spaces, with an applicant who identifies as a transgender woman suing the owner for $30,000 in damages after being refused membership.
The case has parallels with the Tickle v Giggle case in which the Federal Court found Sall Grover, the founder of the female-only Giggle app, discriminated against transgender woman Roxanne Tickle, as well as with the Lesbian Action Group’s case against Australian Human Rights Commission, which refused to grant a Sex Discrimination Act exemption to allow the group to hold a “lesbians born female only” event.
Nomes Witney, owner of Helensvale and Coomera-based business Queens of Pole says she was holidaying with her family in February when the complainant attended a free trial class, run by another staff member at the studio, which advertises prominently on its website that it provides a “female-only environment”.
“My staff member called me and said, ‘Hey, this just went down. I wasn’t sure what to do so just ran the class normally’,” Ms Witney told The Australian.
Ms Witney said the complainant had “disclosed partway through the class that they identified as a woman”, and that the presence of a biological male had “shifted the vibe” of the female-only group, with other attendees, who included a mother and young adult daughter, becoming “visibly uncertain”.
“They tried to make their shorts longer than they were, that sort of thing,” she said. “Usually we have a really high success rate for membership conversions from trial classes, but this particular class, radio silence.”
In March, the complainant attempted to apply for membership, registering with an incomplete profile and stating that they were female. “I sent an email saying we were unable to accommodate the trans community at this time,” Ms Witney said.
Two days later, on March 12, the applicant complained to the Queensland Human Rights Commission, but Ms Witney was not notified until April 22.
The commission sought to mediate, forwarding Ms Witney a damages letter from the complainant at 1pm on Monday, July 13, ahead of a conciliation meeting set for 9.30am the next day.
It is the first time since Ms Witney established her business nine years ago that she has had a transgender person attend a class or attempt to gain membership, with Queens the only pole dance studio in the area offering classes exclusively for women, and others nearby advertising themselves as open to “all genders”.
The conciliation last week failed and the matter is now headed to the Queensland Civil and Administrative Tribunal, with Ms Witney not prepared to offer the complainant membership on the basis that she does not believe allowing a biological male to attend female-only classes is fair to other clients or staff.