Pubs are under increasing pressure to reconsider often long-established bans on neck and face tattoos, as more and more Australians get inked.
Hey Chica!, a Latin-inspired venue in Brisbane’s nightclub precinct, Fortitude Valley, has recently received widespread backlash on social media after enforcing its blanket ban on face and neck tattoos.
A 23-year-old Papuan Australian, Moale James, was refused entry by security “because of her face” when celebrating her partner’s birthday with a group of friends.
Ms James had followed cultural practise of receiving reva reva, a tradition from her mother’s village of Gaba Gaba in Papua New Guinea. Her new facial tattoos symbolise her connection to culture, in James’ case marking her graduation from a university degree in journalism and communications. Each mark holds different meanings which have different stories. James also has reva reva on her legs, arms and back.
In spite of calmly explaining that the tattoos were cultural, she was still refused entry.
While Hey Chica! privately apologised to Ms James, they advise they will continue to enforce their policy prohibiting head and face tattoos in their venue, along with other conditions of entry, in accordance with the Liquor Act.
Queensland’s 30-year-old liquor legislation requires venues to “take reasonable steps” to remove or exclude people wearing items linked to certain criminal organisations.
There are calls to change Queensland’s current legislation. Surveys show one in four Aussies have at least one tattoo, yet physical features are only a protected attribute in the ACT and Victoria. In Victoria, the Equal Opportunity Act has been interpreted as including tattoos.
A spokesperson for Queensland’s Office of Liquor & Gaming Regulation (OLGR) said it did not regulate dress codes in licensed venues, except for prohibited items associated with identified criminal organisations.
The OLGR lists a number of outlawed gangs whose symbols are banned from being displayed.
“Licensees may also refuse entry to a person for any other reason provided doing so is not in contravention of discrimination laws,” the OLGR spokesperson said.
“A patron has an ability to take a matter to the Queensland Human Rights Commission if they feel they have been personally affected by discrimination.”
Queensland’s anti-discrimination laws are currently under review.