Philly Pops to court: Break up the Philadelphia Orchestra, Kimmel and its ticketing business

The Philly Pops has asked a federal court to require the Philadelphia Orchestra and Kimmel Center, Inc. to divest itself of the Philadelphia Orchestra and Ticket Philadelphia, separating them from the Kimmel Center. The Pops’ request, part of an amended filing to the Pops’ earlier antitrust lawsuit, cites POKC’s management of Ticket Philadelphia as another example of POKC’s alleged attempts to monopolize the Philadelphia market for symphonic music and stifle competition.

Such an order would essentially undo the 2021 merger of the Philadelphia Orchestra and Kimmel Center, said Pops lawyer William A. DeStefano.

In a separate development, as the Pops struggles for survival, Pops musicians are laying the groundwork for their own pops ensemble, dubbed the “No Name Pops.”

In Wednesday’s amended filing with the U.S. District Court for Eastern Pennsylvania, the Philly Pops alleges that “POKC under the management and control of the Philadelphia Orchestra slowed down and ultimately refused entirely the production, distribution and/or sale of tickets by Ticket Philadelphia for previously scheduled concerts by the Philly Pops at Verizon Hall.”

A POKC spokesperson declined an interview request with president and CEO Matías Tarnopolsky, but emailed a statement:

“We are disappointed that the current leadership of the Philly Pops continues to pursue meritless claims in court instead of sending us a plan that addresses the more than $1,000,000 the Pops owes the Philadelphia Orchestra and Kimmel Center, Inc., for past rent, labor costs, and other services.”

POKC has not yet filed a response with the court to either the initial or amended complaints from the Pops’ parent organization, Encore Series, Inc. (ESI).

The amended complaint reiterates the Pops’ request for the awarding of damages. It also adds Pennsylvania-specific law to the previous complaint citing federal antitrust acts.

The Pops and POKC have had some communication with each other outside of court filings, said DeStefano. He said he was not at liberty to disclose details of the talks. “As a general matter they are about finding some way to resolve the Pops’ grievance,” he said.

The Pops is currently not performing. It was evicted from the Kimmel Center in January and has since been at the center of legal wrangling with the arts center and its own musicians. In March, the union representing the Pops musicians filed a lawsuit against the Pops for back wages and other fees musicians are owed for December broadcasts of the Pops Christmas show.

The matter landed the Pops on the union’s “Unfair” list, which means union members are prohibited from performing with the group.

Normally at this time of year, the Pops would be readying a Memorial Day concert at the Mann Center and its annual and much-beloved appearance in front of Independence Hall for Independence Day celebrations. About those concerts, Pops spokesperson Beth Melena said in an email:

“The Pops has been unable to present a full orchestra performance since January and will be unable to perform Memorial Day or Fourth of July concerts this year for the reasons outlined in the complaint against POKC. We will perform again as soon as we can resolve these underlying issues and are hopeful that we will reach that resolution soon.”

Asked how the dispute with POKC kept the Pops from performing at the Mann and in front of Independence Hall, she didn’t answer directly, but responded: “Our materials and statements have made it abundantly clear how POKC’s attempt to put the Pops out of business has prevented the Pops from doing what they want to do most — perform for their fans.”

“The Philly Pops has a bright future,” said Pops president and CEO Karen Corbin in a statement to the media released with a copy of the amended complaint. “All we want to do is continue what we do best — playing popular music for the community we love by presenting the concerts that we have announced and planned for our patrons.”

But the group’s musicians aren’t waiting for the resolution of the lawsuits to bring back the music. The No Name Pops Big Band, a 15- to 20-piece ensemble, is planning three free performances this month, at the Black Squirrel Club in Fishtown, Cherry Street Pier, and the Italian Market. The concerts are a gift to Philly Pops fans who have supported the group over the years, said Jonathan Fink, a Pops cellist and one of the organizers.

“The musicians feel [Pops patrons] are the ones who have been the most wronged by all of this and we wanted to play concerts and give something back to them,” he said.

The fledgling group aims to present a full-orchestra concert of the No Name Pops at an outdoor venue before the end of the summer, and then to perform concerts at the Kimmel Center.

Asked whether musicians would return to the Philly Pops if it resumed operations, Fink said that if there were a signed contract, and if the Pops were removed from the “Unfair” list, “I suppose people would take the work.”

But, he said: “We can’t control what ESI does. We don’t know what their plans are.”

The Pops’ Melena responded with a statement saying the group “wants nothing more than to continue playing popular music for the community, and we hope to do that soon in partnership with the musicians. We wish them the best and look forward to be back working together.”

The No Name Pops Big Band performs May 20 at 3 p.m. at the Black Squirrel Club, 1049 Sarah St. in Fishtown; May 25 at 6 p.m. at the Cherry St. Pier; and May 27 at 11 a.m. in the Italian Market. Email info@nonamepops.org for more information.