Queensland pole dancing studio is facing a discrimination claim after rejecting the membership application of a transgender woman, with the matter now headed to the Queensland Civil and Administrative Tribunal.
Nomes Witney, owner of Queens of Pole, which operates studios in Helensvale and Coomera, told The Australian that her staff contacted her in February while she was on holiday to report that a participant in a free trial class had disclosed that she was transgender.
Speaking to The Australian, Witney said staff reported that the disclosure had “shifted the vibe” of the session and that some attendees appeared uncertain.
In March, when the woman applied for a membership, Witney declined the application.
“I sent an email saying we were unable to accommodate the trans community at this time,” Witney said, noting that the studio’s website states that its services are for women only.
The woman subsequently lodged a complaint with the Queensland Human Rights Commission. Following an unsuccessful conciliation meeting, the matter is now proceeding to the Queensland Civil and Administrative Tribunal, where the complainant is seeking $30,000 in damages.
Witney told The Australian that she has a background in domestic violence and sexual assault support work, as do several of her staff members. She said some clients, whose ages range from teenagers to older women, may feel uncomfortable attending classes with a transgender woman.
The business owner also told broadcaster Ben Fordham that staff were unaware the participant was transgender until she disclosed the information during the trial class.
Witney said she later became aware that businesses may seek exemptions under anti-discrimination laws to operate certain single-sex services.
“There is a process you can go through to become one of those female-only spaces that do have exemptions, but the rules around obtaining those exemptions can make it very difficult,” she said.
Witney referred to the case of the Victorian-based Lesbian Action Group, which in 2023 applied for a five-year exemption under Victoria’s Equal Opportunity Act to hold events excluding transgender women. The application was initially refused and remains the subject of legal proceedings.
Witney said she had sought advice from Sall Grover, chief executive of Giggle for Girls. Grover previously lost an appeal in a discrimination case brought by transgender woman Roxanne Tickle concerning access to the Giggle for Girls social media platform. Grover has since sought further legal review of that decision.
Basic Rights Queensland, the non-for-profit legal centre representing the claimant has told The Australian that they have applied for a non-publication order in relation to the case, and asked that the details of their client being kept private for their safety.
Queensland Human Rights Commissioner Debbie Platz told The Australian that all people are entitled to equal treatment under the law unless a relevant exemption applies.
“Every person living in Queensland, regardless of sex, sexuality, gender identity or sex characteristics, is entitled to equal treatment, safety and respect,” Platz said.
“The Anti-Discrimination Act provides that a person must not discriminate on the basis of sex, gender identity or sex characteristics by treating someone unfairly or imposing an unfair term or condition when providing goods or services, accommodation, education or employment.
“This means excluding a person on the basis of their gender identity could amount to unlawful discrimination unless an exemption applies.”
OUTinPerth contacted Basic Rights Queensland for comment.
