3:38 PM PT -- We just obtained a statement from Aerosmith, saying, "We would be doing a disservice to Joey, to ourselves and to our fans to have him play without adequate time to prepare and rehearse. Compounding this, he chose to file a lawsuit on the Friday night of the holiday weekend preceding the Grammys with total disregard for what is our limited window to prepare to perform these important events."
The statement continues, "Given his decisions he is unfortunately unable to perform but of course we have invited him to be with us for both the Grammys and our MusiCares honor. We are bonded together by much more than our time on stage."
12:09 PM PT -- Our Aerosmith sources say the group tried actively for months to get Joey back -- and would have loved to have had him join the Grammy performance -- but he just couldn't get it together in time and left the band with no other choice.
10:54 AM PT -- Joey tells TMZ, "Being prohibited from playing with a band that I have given 50 years of my life to supporting, is beyond devastating. This is not about money. I am being deprived of the opportunity to be recognized along with my peers, for our collective, lifetime contributions to the music industry. Neither the MusiCares’ Person of the Year Award nor the Grammys’ Lifetime Achievement honors can ever be repeated."
He continues, "I hope our fans can understand that all I’m trying to do is get back to playing with the band that they love – and that’s Aerosmith with all five original members. The greatest magic and success of Aerosmith happens when all the band’s founding members are together in the house."
Finally, Joey says, "To be removed from my rightful place on stage to celebrate our success – a success that acknowledges my own life’s work, is just plain wrong."
9:48 AM PT -- Sources close to the band tell TMZ, Kramer was given multiple opportunities to rejoin the group over the last several months, but always backed out. We're told Joey finally recorded a tape for Steven, Joe, Tom and Brad to hear earlier this month, but they didn't feel his drumming was up to par.
Our sources say it's no coincidence Joey filed the suit against the band now ... they're scheduled to play the Grammys, and Joey clearly wanted some TV time.
Even though there's conflict, we're told the group -- including Joey -- is a brotherhood, and the door is still open for him to rejoin in the coming months ... as long as his drumming skills return to full potential.
Joey's legal team made a request Monday to get a judge to allow him to rehearse with Aerosmith, but no final decision was made ... the case will be heard again Tuesday.
Aerosmith's drummer Joey Kramer -- who's been with the band since it formed in 1970 -- is being kicked around like a rag doll by the other members, who are unfairly blocking him from rejoining the band before some once-in-a-lifetime events ... according to a new lawsuit.
Kramer claims his fellow Aerosmith members -- Steven Tyler, Joe Perry, Tom Hamilton and Brad Whitford -- are going against 50 years of precedent by not allowing him back in the band after a temporary disability ... something that's never been done to any of them.
According to the docs ... Kramer suffered minor injuries in Spring 2019, but was ready to return for the band's Vegas residency shows by Fall.
Instead of being welcomed back as expected ... Kramer claims he was subjected to a brand new band policy he did not approve of, where he would have to audition to prove he was "able to play at an appropriate level" in order to regain his drummer role.
Again, Kramer claims this has never happened to any of the other guys in Aerosmith's 50-year history ... all of whom at one time or another had to step away for a time.
Even worse, Kramer says the band asked him to perform a series of solo rehearsals against a "click track" -- not even live with the other 4 guys -- as his audition ... and they would listen to the recordings to decide whether he got his gig back.
Kramer claims the stress of the ordeal had "significant repercussions" to his health and ended up in the hospital in November, which required him to cover the cost of a replacement drummer ... and delayed his audition to join the band. BTW ... Kramer says he paid the replacement drummer $20k a week for performances and $10k a week for rehearsals.
According to the suit ... Kramer finally and begrudgingly auditioned with the "click track" in early January, and despite his 50 years of experience and believing his performance was on par, the band prohibited him from rejoining.
He claims the reason he was given is he "did not have enough 'energy' in the recordings."
Kramer says this "freeze-out" will result in him missing major and historical events coming up, including a performance at the 2020 Grammys and the band's upcoming residency in its 50th year.
He wants the court to order him back in the band to avoid "irreparable harm" to him if Aerosmith is allowed to squeeze him out.
We reached out to reps for the rock band ... no word back so far.