When it comes to Delaware Valley sports fanatics, Beasley Media Group-owned WPEN-FM, known as “97.5 The Fanatic,” has been an audio attraction point for those who care about the Phillies, Eagles, Flyers, Union and 76ers. From 10am to Noon each weekday, Anthony Gargano has served as a key magnet for these rabid fans, giving “The Fanatic” some artillery against Audacy’s crosstown WIP-FM.
Now, Gargano has been sued in a Philadelphia U.S. District Court on the grounds that a side deal he’s agreed to is in direct violation of the terms of his contract with Beasley.
With Andrew Gallinaro of Fisher & Phillips LLP serving as its legal counsel, Beasley on Monday (9/18) filed a complaint that accuses the sports talk host of breaching provisions of a contract signed in 2015 that dictate Beasley “is entitled to Gargano’s exclusive efforts and undivided loyalty during the term of his employment.”
Gargano’s agreement with Beasley expires on October 7, 2024, but Beasley says he has engaged in competitive acts that are within the Philadelphia market — something prohibited while with Beasley and for six months thereafter.
At issue is Gargano’s relationship with defendant BSN Live, doing business as ALLCITY Network. Beasley believes ALLCITY “has sought to tortiously interfere with Beasley’s contractual rights and to steal Beasley’s investments for All City’s own new venture in Philadelphia.”
A request to put under seal is Gargano’s employment agreement with Beasley, updated in October 2021, which contains his salary and compensation information. RBR+TVBR has access to this information. However, given the pending order in front of the court, RBR+TVBR is withholding publication of Gargano’s base salary and bonus structure.
ALLCITY Network is a local, digital sports network and lifestyle brand that it says “puts an emphasis on culture and community above all else.” With networks in Colorado (DNVR), Arizona (PHNX) and Illinois (CHGO) the first to go live, Philadelphia came in 2023, with the launch of PHLY.
Gargano was poised to become part of PHLY’s team of sports commentators. That has not transpired. Meanwhile, Gargano has not been on The Fanatic since news of his relationship with PHLY first surfaced.
The issue: PHLY offers articles, podcasts and a variety of sports-related content for Philadelphia region sports fans — just as The Fanatic does. And, Beasley argues, The Fanatic and PHLY seek the same local advertisers.
A jury demand has been given by Beasley to the court; the case has been assigned to the Hon. Timothy Savage.
