A New York Supreme Court judge dismissed Kesha’s counterclaims against Sony and Dr. Luke on Wednesday, including that Dr. Luke’s alleged sexual assault of Kesha should be considered a “hate crime” under New York law.
The court documents reveal that Shirley Werner Kornreich rejected the pop star’s request for an emergency order, which would have let her out of her deal with Sony. “Kesha’s request for leave to amend is denied,” the ruling reads, citing that her amendment “lacks merit as a matter of law.” Kesha’s claims against Dr. Luke, which the producer has denied, allegedly occurred when Dr. Luke’s Kemosabe Records, where Kesha presently has her contract, did not exist. Dr. Luke and Sony looked to dismiss the charges on the grounds that the “alleged violent incidents were not motivated by gender.”
“Movants seek dismissal of both of these [hate-crimes] claims on the grounds that no facts support Kesha’s conclusory allegations that the alleged violent incidents were motivated by gender; the statutes do not provide for corporate liability; [New York City Administrative Code 8-904, commonly referred to as ‘hate crime’ law] does not apply because Kesha does not allege that any gender-motivated violence took place in New York City; the claims are barred by the statute of limitations; and Kemosabe did not exist in 2005 and 2008, when the alleged violent acts occurred,” reads the court documents.
It continues, “The court agrees that the 3rd and 6th [counterclaims]” — gender-related hate crimes under New York State Civil Rights Law and gender motivated violence in violation of New York City Administrative Code, respectively — “fail to allege gender-motivated violence. Although Gottwald’s alleged actions were directed to Kesha, who is female, the [counterclaims] do not alleged that Gottwald harbored animus toward women or was motivated by gender animus when he allegedly behaved violently toward Kesha. Every rape is not a gender-motivated hate crime.”
Kesha was originally denied a preliminary injunction in February after requesting to be let out of her contract on grounds that Dr. Luke abused her. He has denied the claims on social media, writing, “I didn’t rape Kesha and I have never had sex with her” on Twitter.
In a statement on Sunday, after Kesha said she was “offered her freedom if I were to lie” about the claims, Dr. Luke’s lawyer said, “The only thing Kesha is not free to do is to continue to lie about Dr. Luke through publicity stunts and outrageous smears, ignoring the fact that by her own free will she went to work and entered into new contracts with Dr. Luke years after this ‘incident’ supposedly happened. Her goal all along has been solely personal enrichment by seeking to break contracts that brought her success and millions so she can enter into more lucrative ones. We look forward to our day in court holding Kesha accountable for her lies.”
Representatives for Sony declined to comment.