PLYMOUTH, Mass. (CN) — As rock and roll legends Aerosmith perform on the Grammys stage this weekend, a Massachusetts judge said founding member Joey Kramer did not make a compelling legal case to join them.
Kramer had filed suit last week in Plymouth County Superior Court, claiming that the band was unfairly blocking his attempts to rejoin as drummer after recovering from a foot injury.
With the band set to be honored Friday by the Recording Academy followed by a performance Sunday with hip-hop’s Run DMC in the televised awards show, the 69-year-old Kramer said the band unfairly subjected him to an audition, which he apparently failed.
Judge Mark Gildea declined Wednesday, however, to award injuctive relief, saying Kramer was unlikely to prevail on his breach of contract claims.
“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,” the 10-page ruling states.
Kramer, a resident of Magnolia, Texas, noted in a statement that he alone is not to blame for missed rehearsals.
“Ever since I injured my foot last August and went through many hours of physical therapy to heal, not once did the band in its entirety offer to rehearse with me,: Kramer said. “That is a fact.
The Recording Academy, which awards the Grammys, is naming Aerosmith as its MusicCares Person of the Year for their charitable work. Although Kramer is included within the Person of the Year award, he would have to sit out the accompanying musical performance.
Kramer argued in his lawsuit that, throughout the band’s 50-year history, members have had to take hiatuses for injuries or substance-abuse treatment. During those times, the band members were allowed to return to the band without having to audition for the part.
“I knew filing a lawsuit was a bit of an uphill battle considering that the corporate documents don’t reference any process for a band member returning from an injury or illness,” Kramer said. “However, the band waited until January 15th to tell me that they weren’t letting me play at the awards ceremonies this week.”
Kramer also said that he rejected an offer from the band to attend the Grammys and take part in red carpet activities with the band.
“With a fill-in drummer playing on stage at two events honoring our collective musical contributions, it is extremely hurtful to me,” Kramer said. “I am a professional musician who is eager to return to my rightful place with Aerosmith.”
The drummer said he would respect Judge Gildea’s decision.
“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,” Kramer said.
A representative for Aerosmith did not respond to an email seeking comment.