WPEN Wins Preliminary Injunction Against Anthony Gargano

RADIO ONLINE | Wednesday, October 11, 2023 | 4:09pm CT

Anthony Gargano

In September, WPEN-FM (97.5 The Fanatic)/Philadelphia suspended midday talent Anthony Gargano with pay over his involvement with ALLCITY Network's PHLY Sports, a digital media outlet. Now, the U.S. District Court for Pennsylvania's Eastern District has granted a preliminary injunction that terminates Anthony Gargano's employment. Gargano's lone employment source in the Delaware Valley is now restricted due to the court order.

Senior Judge Timothy J. Savage's ruling prohibits Gargano from receiving severance compensation but allows him to seek employment with ALLCITY Network after 10 months from October 10. However, Gargano is barred from providing services related to sports media content for the Philadelphia radio market during this time. The ruling permits non-public facing administrative work for ALLCITY and content development for locations outside Philadelphia.

Gargano is allowed to create a sports betting-focused podcast with Parx Casino, but its marketing and distribution are restricted in the Philadelphia market. He can also participate in a national NFL-focused show with Brian Baldinger. The court instructs Gargano to refrain from sharing certain non-public information and prohibits him from influencing Beasley employees to quit and join PHLY for 18 months.

Additionally, Gargano is restricted from soliciting new customers directed to advertisers currently or previously associated with Beasley. Beasley provided a confidential list of clients Gargano cannot approach. The legal dispute emerged when Gargano, still under contract until October 7, 2024, signed a deal with ALLCITY, prompting Beasley's complaint on September 18 for breaching the exclusive efforts and loyalty terms of his contract.