Aerosmith drummer Joey Kramer has said he is “disappointed” after a judge dismissed his legal bid to rejoin the group when they perform at the Grammys this weekend.
Kramer, a founding member of the group 50 years ago, suffered an ankle injury last year which meant he missed the majority of the rock band’s residency in Las Vegas.
The 69-year-old sued the band and argued breach of contract, after he was told to re-audition for his place and apparently failed to prove he could perform “at an appropriate level”.
But Massachusetts Superior Court Judge Mark Gildea has since denied Kramer’s challenge to be reinstated as Aerosmith’s performing drummer ahead of their Grammys performance.
“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 ruling stated.
Speaking to Rolling Stone, Kramer said: “Although I’m extremely disappointed by the judge’s ruling today, I respect it. 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.
“However, the band waited until January 15th to tell me that they weren’t letting me play at the awards ceremonies this week. 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.”
He added: “The truth speaks for itself. 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. That is a fact.
“I was also sent the full rehearsal schedule on January 18th and flew to L.A. the next day to rehearse and have many texts and emails stating the band can’t wait for my return. That’s also a fact. When I showed up to rehearse, I was greeted by two security guards who prohibited me from entering.”
Aerosmith had previously claimed that Kramer was invited to join them at the Grammys, but there was not enough time for the group to rehearse together.
Subsequent video footage obtained by TMZ showed Kramer attempting to enter the rehearsal room, before he was subsequently blocked by two security guards.