A roadmap for Philly Pops survival emerges from a legal defeat

On the substance of its recent request in a hearing before a federal judge, the Philly Pops unquestionably lost. Pops leaders were there to ask the court to force the Philadelphia Orchestra and Kimmel Center, Inc. to allow the Pops back into Verizon Hall starting this fall, following its January eviction by POKC for nonpayment of rent and other fees.

The request was denied.

In his closing argument, Pops lawyer William DeStefano portrayed the hearing and its outcome as nothing less than do-or-die.

“I think it’s pretty clear on the evidence here that if not allowed back into Verizon Hall, the Pops business would have to shut down,” he told the court.

But would it?

If the Pops leadership was paying close attention at the July 26 hearing, the judge and attorneys in the case left a trail of bread crumbs that could put the Pops on a path to the future.

In fact, a hopeful vision for the Pops was laid out at the hearing — perhaps unwittingly — by POKC’s lawyer. The group has the ability to “go out and make money, if the business is run well,” said Steven A. Reed.

The Pops’ current crisis was triggered, at least somewhat, by the pandemic. Much of the Pops audience lives in the suburbs, and some of that constituency has a lingering hesitancy to come into the city. The Pops should go to them.

In a series of questions put to Pops board member John J. Meko Jr., Reed asked whether the group had looked into performing in venues other than the Kimmel — some in the city, others in the suburbs. For starters, there’s the Met Philadelphia, where the Pops has already performed and happens to be the principal orchestra. Shows like The Nightmare Before Christmas, which the Pops did there in 2019, have the potential to grow a younger and more diverse audience.

Some of the halls Reed mentioned as potential venues aren’t feasible — they’re too small for the full Pops orchestra. But they’re not too small for the Pops’ jazz orchestra, led by Terell Stafford.

And then there are several halls Reed didn’t mention where the Philly Pops could bring its full orchestra — the Grand Opera House in Wilmington, Patriots Theater at the War Memorial in Trenton, and New Jersey Performing Arts Center in Newark. All are places where orchestras have performed before. What about Rutgers’ Walter K. Gordon Theater in Camden, where Symphony in C performs?

These venues offer not just proximity to listeners, but something else that is a real concern for many: parking. A Pops presence in some combination of these venues puts it in easy reach for fans in South Jersey and counties just outside of the city.

And, of course, performing in the suburbs doesn’t mean the Pops can’t perform in many of the places where it traditionally appears in Philadelphia, like the Mann Center or on Independence Mall.

It might also be able to return to the Kimmel — if it pays its past-due rent and other fees (the exact amount is in dispute).

Which brings us to the other gifts offered during the recent court hearing. The Pops doesn’t have its own house in order, as Judge Mia Roberts Perez pointed out. It has repeatedly been behind on its payments to the Kimmel in past years.

“Plaintiffs contend that their financial future and the very existence of the Philly Pops hinges on the outcome of this motion,” she said in the hearing. “However, there are a myriad of factors that have contributed to the financial deficiencies of the Philly Pops and must be remedied in order for this institution to remain solvent.”

She cited the Pops’ debt to its musicians, whose union has sued the Pops for back pay associated with broadcasts of the Pops’ last Christmas show. She also said the Pops had not “presented sufficient evidence to demonstrate that patrons are likely to return to see the Pops based on their previous inability to fulfill tickets sold for prior events.”

The Pops says it is mulling its options but intends to soldier on.

“The Philly Pops have a series of meetings in the next weeks that will culminate in a plan that would allow us to return to performing for the community we love,” said the group in a statement to The Inquirer. “We want to thank our patrons and musicians for their patience and understanding as we work through this unprecedented set of circumstances. We will communicate our next steps as soon as they are vetted and become policy.”

Any climb back looks steep. But it will become clear that the Pops has more than just hope on its side if a variety of factors begin to materialize. The group is about $3 million in debt — including debt to ticket buyers — according to testimony in the hearing. The Pops needs a viable plan that can simultaneously pay down that debt while financing future productions. They need working capital plus substantial funding for a campaign that repairs their relationship with the listening public.

A passionate statement about the art itself is critical, especially to potential funders. The Pops has no visible music director who might be arguing for the very real artistic niche the Pops has filled in Philadelphia for more than four decades.

And, of course, if the full Pops orchestra is to perform again, management needs to mend fences with musicians, who have already organized a splinter group, the No Name Pops. Their first full-orchestra concerts are set for after Labor Day, and they are playing a new Kimmel-produced pops Christmas show this year. You can’t raise money for your cause without a unified voice.

Another chunk of advocacy to look for is one from the Pops board. They must telegraph confidence in the future by stepping forward with a substantial portion of the donations needed to save the group. A Pops spokesperson declined to say how much money the board had given but provided a statement saying that “the board has been extremely generous with both their time and financial resources over the years.”

Time is not on the Pops’ side. Many arts patrons have already developed new entertainment habits and are perfectly happy at home. The Pops has an important role to play in the arts landscape, but no audience waits around forever.