RADIO WARS: Anthony Gargano Officially Done at 97.5 the Fanatic Following Preliminary Injunction in Beasley Lawsuit
Update here on the lawsuit involving Beasley Media, Anthony Gargano, and All City. A preliminary injunction was agreed upon and granted on Tuesday, outlining the following conditions (via public document on the PACER website) –
There are several limitations listed in the document.
- Cuz cannot provide “any services to, or for, AllCity (including its PHLY operation) related to the creation, provision, marketing, promotion, or distribution of sports media content for or targeted to the Philadelphia Nielsen Audio Market, until six months from the date of this Injunction“
- restriction notwithstanding, he is allowed to perform administrative work for All City (behind the scenes kind of stuff), and can create content for their Denver, Phoenix, and Chicago websites
- Anthony can do a sports betting podcast with Parx and a national NFL show with Brian Baldinger, though All City cannot promote or market those shows
- Gargano can contribute written articles for All City as long as they aren’t Philly-specific or published on PHLY
The CliffsNotes summary of those bulletpoints is that Gargano is officially done at 97.5 the Fanatic and can’t do anything for All City in Philadelphia until April. That’s half a year, so a decent chunk of time. Certainly lawyers would not have agreed to these terms if they felt like they had a chance of winning this case in court.
The injunction also says that Gargano cannot disclose confidential information obtained during his employment with Beasley, including ad pricing and rates, Beasley’s client list, ratings information, etc. He’s also prevented, for the next 18 months, from soliciting Beasley customers, advertisers, or employees. Essentially they’re listing out the clauses in his contract, like non-compete, non-solicitation, and exclusivity.
There’s also a note near the end of the document that says “The parties reserve all other rights related to their claims and defenses, including as to arguments for and against claimed damages and permanent injunctive relief,” so while this injunction could predicate an out-of-court settlement, Beasley is still suing for damages and litigation is ongoing.