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At a time like this, Philly Pops lawsuits aren’t a good look for the city

A solution is way overdue. City leaders must step up.

Band leader Matt Gallagher (left) is on trumpet as the “No Name Pops” performs a free big band concert on the Cherry Street Pier, May 25, 2023.
Band leader Matt Gallagher (left) is on trumpet as the “No Name Pops” performs a free big band concert on the Cherry Street Pier, May 25, 2023.Read moreTom Gralish / Staff Photographer

Normally around this time, thousands of listeners would be enjoying the Pops outdoors for its annual Memorial and Independence Day concerts. Now there’s silence, and that silence is growing increasingly conspicuous as the clock ticks down on this troubled and largely unrealized 2022-23 season of the Philly Pops.

It’s incredibly sad to watch, both for what it means for the Pops as well as the larger arts ecosystem. At a moment when arts and culture are staging a delicate comeback from COVID-19 and are uniquely positioned to broadcast positive things happening in the city, the hurling of lawsuits isn’t a good look.

» READ MORE: Lawsuits, eviction, and stranded fans: everything you need to know about the Philly Pops saga

This isn’t what city leaders had in mind when they created the Kimmel Center as the home of the Philadelphia Orchestra and some of the city’s most important cultural organizations. What was envisioned — why the Kimmel was worthy of nearly $300 million in public and private money in the first place — was the creation of a highly visible venue with acoustically superior halls that would be affordable to local arts groups.

Over the years, there’s been plenty of squabbling between the Kimmel and its resident companies — over rents and other fees that are high in comparison to other local venues, or competition for lucrative time slots in the halls. But these fights have not generally burst into the public sphere. And every dollar each side spends now on lawyers and public relations crisis-management consultants is money that could have gone toward producing art and bringing in much-needed support.

Donors and ticket buyers want to be a part of success. Lawsuits are a sign of failure.

There are actually two lawsuits involving the Pops at the moment — the antitrust one the Pops filed in April against its former landlord, the Philadelphia Orchestra and Kimmel Center Inc. (POKC), and the one the Pops players filed in March against Pops management for back pay and other fees. The Pops musicians say they are laying the groundwork for a separate ensemble, which they’ve dubbed No Name Pops.

In other words, the entire enterprise is threatening to break apart — the who, what, and where of it. And with no performances happening for so long, it will soon become harder to remember the why of it.

One of the things I keep looking for is some sign of civic leadership. In times of crisis, one might expect someone to step forward to help settle matters. The mayor would do. Or Judge Marjorie “Midge” Rendell, one of the godmothers of the Avenue of the Arts. There are several leaders — let’s call them elder statespeople — who have the moral authority to convene the current Pops management, musicians’ union, and POKC to cut through to the issues. Where is the leadership? One of the city’s key arts groups is in danger of disappearing, and no wise and impartial civic leader has emerged to help save it.

Of course, mediation is like therapy. It only works when both sides truly want it and believe it can succeed.

What’s clear is that it’s way past time to step back from the brink so that everyone can go back to doing what anyone who ever bought a ticket or made a donation expects these groups to do: make art.

The biggest enemy in our arts community isn’t a plaintiff or defendant. It’s apathy. It’s the once-devoted fan who gets out of the habit of going, begins to make other plans, and moves on.

As someone who hears regularly from the general public and worries for the health of the arts community, here’s one bit of messaging all parties to this sad legal eruption might consider:

Get it together. It’s later than you think.