A Manhattan judge won’t free Kesha.
New York Supreme Court Justice Shirley Werner Kornreich issued a final ruling Wednesday that rejected the “Tik Tok” singer’s claims she should be allowed to sever ties with super-producer Dr. Luke under New York law because of his alleged abuse.
Kesha, 29, must continue to honor her contracts despite her claims she was date-raped by Dr. Luke in 2005 and forced into sexual contact on an airplane while intoxicated, the judge said.
Dr. Luke, whose real name is Lukasz Gottwald, has denied any sexual misconduct.
In a 27-page ruling, the court said the alleged assaults took place in 2005 and 2008, before the 2011 formation of Dr. Luke’s Kemosabe Entertainment and the January 2009 signing of Kesha’s current contract with Sony.
The judge noted it wasn’t until 2014 that Kesha entered rehab — and allegedly came to terms with what happened — but that alone didn’t sway the court.
Kesha’s claims of “gender-motivated hate crimes and gender-based employment discrimination” didn’t convince the court that New York laws were broken, the ruling said.
“Although Gottwald’s alleged actions were directed to Kesha, who is female, (her claims) do not allege that Gottwald harbored animus toward women or was motivated by gender animus when he allegedly behaved violently toward Kesha,” the decision said.
“Every rape is not a gender-motivated hate crime,” the ruling stated.
In a footnote, the ruling said “Gottwald is alleged to have made offensive remarks about Kesha’s weight, appearance and talent, not about women in general.”
The judge dismissed Kesha’s claim for intentional infliction of emotional distress based on the statute of limitations with respect to the alleged assaults in 2005 and 2008.
“Her claims of insults about her value as an artist, her looks and her weight are insufficient to constitute extreme, outrageous conduct intolerable in civilized society,” the judge wrote.
Justice Kornreich said the court didn’t have jurisdiction over Kesha’s human rights claims because “Kesha did not plead that the complained of actions occurred in New York State or City.”
Kesha originally sued Dr. Luke in Los Angeles in October 2014 seeking to void her contract with claims of gender violence, civil harassment and unfair business practices.
Dr. Luke sued for breach of contract in New York at the same time, and the Los Angeles case was put on hold after a decision New York was the proper forum.
It wasn’t clear Wednesday whether the Los Angeles lawsuit will proceed.
Attempts to reach representatives for Kesha and Dr. Luke were not immediately successful.
Kesha has been vocal about her unwillingness to work with Dr. Luke under any circumstances and her belief she’ll never get a fair shake at Sony now because of bad blood over the scandal.
She’s attracted high-profile support from fellow female artists including Lady Gaga, Kelly Clarkson, Lorde and Ariana Grande and from fans using the viral hashtag #FreeKesha in social media posts.
In an Instagram post over the weekend, Kesha claimed she was offered her freedom in settlement negotiations if she agreed to make a public statement saying she fabricated her claims against Dr. Luke.
“So. I got offered my freedom IF I were to lie. I would have to APOLOGIZE publicly and say that I never got raped,” she said in the post. “THIS IS WHAT HAPPENS behind closed doors. I will not take back the TRUTH.”