A Massachusetts judge's ruling against founding AEROSMITH drummer Joey Kramer in his bid to perform with the legendary rock band at two Grammy-related events this weekend has been uploaded to the digital reading subscription service Scribd and can now be found below.
Plymouth County Superior Court Judge Mark Gildea denied Kramer's request to order his AEROSMITH bandmates to let him participate in Friday's MusiCares benefit honoring AEROSMITH and on Sunday's Grammy Awards.
After Kramer injured his shoulder last year, his drum tech filled in for a few gigs during AEROSMITH's residency in Las Vegas. Kramer did, however, perform with the rest of AEROSMITH in July at the Twin Cities Summer Jam in Shakopee.
"Given that Kramer has not played with the band in six months and the dearth of available rehearsal time before the upcoming performances, Kramer has not shown a realistic alternative course of action sufficient to protect the band's business interests," Gildea wrote in his decision.
In a statement, Kramer said he was "extremely disappointed" with the judge's ruling.
"I knew filing a lawsuit was a bit of an uphill battle," the drummer said. "I can hold my head high knowing that I did the right thing — to fight for my right to celebrate the band’s success that I have dedicated the better part of my life to helping build."
On Tuesday, the other four members of AEROSMITH — Steven Tyler, Joe Perry, Tom Hamilton and Brad Whitford — issued a statement that said in part: "Joey Kramer is our brother; his well-being is of paramount importance to us. However, he has not been emotionally and physically able to perform with the band, by his own admission, for the last 6 months. We have missed him and have encouraged him to rejoin us to play many times but apparently he has not felt ready to do so…. We are bonded together by much more than our time on stage."
In his 16-page complaint filed in Massachusetts state court, Kramer said the disability he suffered last year was minor, and insisted he was ready to return to the group's "lucrative" Las Vegas residency at the MGM Resorts a few months later, as well as its slate of "50th anniversary activities." Kramer also claimed he was required to audition for his drumming job to prove he could play at "an appropriate level."
"To be removed from my rightful place on stage to celebrate our success — a success that acknowledges my own life’s work, is just plain wrong," Kramer said.
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