'I Will Not Take Back the Truth': Inside Kesha's Tumultuous Lawsuit Appeal

Kesha sobbed in court when the February ruling came down. She was trying to get out of her six-album deal with Sony—and from working with her producer, Dr. Luke, whose real name is Lukasz Gottwald. According to her allegations, over the course of their ten-year relationship, Gottwald emotionally, physically, and sexually abused her: He drugged and raped her on one occasion, she says, and contributed to her eating disorder.

Sony has offered to let Kesha work with another producer. Kesha's team says that's not only unrealistic and potentially damaging to her career, but also on par with slavery.

In new court brief obtained by Broadly, Kesha's lawyer, Mark Geragos, lays out the three main ways the court erred on its decision to deny Kesha's lawsuit. The first argument is that "[t]he Court erred in basing its decision on finding that Kesha could record without interference from Gottwald. Although it recognized that 'slavery was done away with a long time ago' and that '[y]ou can't force someone to work … in a situation in which they don't want to work,' the Court's ruling requiring Kesha to work for Gottwald's companies, purportedly without his involvement, does just that. As the Court itself recognized, '[i]t's slavery. You can't do that.'"

Next, Geragos claims the court erred by concluding that Kesha could not prove that she would suffer "irreparable harm" by continuing to be forced to work with Gottwald. Kesha is refusing to work so she doesn't have to interact or share profits with Gottwald, her alleged rapist. The delays in resolving the matter, Geragos argues, have caused harm because the "young pop star's fame will fade quickly, and permanently, due to a loss of momentum." The careers of young musicians like Kesha "are fleeting and in danger of destruction if not timely pursued."

According to Geragos, the New York courts have sided with that argument as recently as 2015. In Then v. Navarro, the court found that irreparable harm was established by the damage to the "goodwill" of the band within the music industry and among their fans as they were "prevent[ed] from exploiting their current youth in a market that particularly values such fleeting commodity."

Geragos ends his brief by stating that Sony would not necessarily lose money because the company could reap damages from Kesha for breach of contract. Geragos adds: "Indeed, SME, Gottwald, and all the related entities are each free to make music (and money) with other young talent."

Dr. Luke has repeatedly denied the rape allegations. A spokesperson for Dr. Luke told Broadly that, by Kesha's "own free will, she went to work and entered new contracts with Dr. Luke years after this 'incident' supposedly happened," and that they look forward to their next day in court.

"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," said Gottwald's spokesperson.

Without making direct reference to Sony or her contract with them, Kesha posted on Instagram last night that she was offered her freedom in exchange for denying the rape allegations against Dr. Luke. In the caption of a selfie, she wrote, "so. I got offered my freedom IF i were to lie. I would have to APOLOGIZE publicly and say that I never got raped. THIS IS WHAT HAPPENS behind closed doors. I will not take back the TRUTH. I would rather let the truth ruin my career than lie for a monster ever again."

But Dr. Luke's lawyer tells Broadly that claim is false, too. "The Court repeatedly stated Kesha is already free to record without Dr. Luke, and that she had not presented any facts supporting her claims. That's because all the evidence— including Kesha's own videotaped sworn testimony— show her allegations are false. The only thing Kesha is not free to do is to continue to lie about Dr. Luke through publicity stunts and outrageous smears."

Last month, rumors circulated that Sony was dropping Dr. Luke, but Gottwald's camp told Broadly that's not the case. "Luke has an excellent relationship with Sony. His representatives are in regular contact with executives at the highest levels at Sony and this has never come up."