The band has said previously it invited Kramer to join it for the Grammy events. Representatives for Aerosmith didn't comment on the judge's decision. “I am being deprived of the opportunity to be recognized along with my peers, for our collective, lifetime contributions to the music industry.” “This is not about money,” he said in a statement ahead of Wednesday's hearing in Plymouth, Massachusetts. Singer Steven Tyler, guitarists Joe Perry and Bradley Whitford, and bassist Tom Hamilton have all been recently sidelined with injuries and illnesses and weren’t asked to re-audition for their jobs, Kramer noted in his suit.
He argued the “artificial, made-up and undefined” requirement was “insulting and upsetting” because that no other member of the band has been asked to do it before. Kramer said in his suit that the band required him to earn his job back by performing a series of solo rehearsals to prove he could play “at an appropriate level.”
The 69-year-old Magnolia, Texas, resident had argued the band, which he helped found in Boston 50 years ago, is in breach of contract because it required him to re-audition for his job after an ankle injury last year caused him to miss a chunk of the band's residency at a Las Vegas casino. “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.” “I knew filing a lawsuit was a bit of an uphill battle,” he said. Kramer said in a statement that he's “extremely disappointed” but respects Gildea's decision. “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 judge's decision reads in part.
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