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Aerosmith drummer Joey Kramer won’t play

By AAP Newswire

Drummer Joey Kramer, a founding member of Aerosmith who's been with the band for five decades, won't be joining his group mates onstage at the MusiCares gala where the band is being honoured as the 2020 "Person of the Year".

A Massachusetts court made the ruling on Wednesday after Kramer sued the band - comprised of Steven Tyler, Joe Perry, Tom Hamilton and Brad Whitford - for not allowing him to play following a temporary disability.

Kramer argued that he had healed enough to play the band's Vegas residency by the US autumn, but according to documents filed, the band members decreed that his playing level wasn't in top form and insisted on at least two weeks of rehearsals.

Last July the band opined that Kramer was not able to properly operate the pedal on his bass drum and he hasn't performed with them since. Furthermore, the filing discloses, Kramer entered a rehabilitation clinic for dependency issues but left early "against the recommendation of his addiction counselor".

The court ruled to deny his petition based on a 1990 employment agreement drawn up with the members of Aerosmith which does not specifically address temporary illnesses so as to negate his breach of contract claim.

Further, since Kramer as a member of the band shares in its earnings - and MusiCares is a benefit concert to raise funds for musicians in need of health assistance - to not perform at the event does not impact his finances negatively nor does it create new rights, the Commonwealth decided.

Kramer had previously told TMZ, "Being prohibited from playing with a band that I have given 50 years of my life to supporting, is beyond devastating. This is not about money. I am being deprived of the opportunity to be recognised along with my peers, for our collective, lifetime contributions to the music industry. Neither the MusiCares' Person of the Year Award nor the Grammys' Lifetime Achievement honors can ever be repeated."

He travelled to Los Angeles in time for a January 20 rehearsal but was turned away by security, states the decision by Justice Mark C. Gildea.