Stating that the lawsuit presented by 23XI Racing and Front Row Motorsports “should come to an end (as the garage wants),” NASCAR filed a motion late Friday with the U.S. District Court for summary judgment.
Doing so, NASCAR stated would mean “that the focus can return to exciting racing on the track for the remainder of 2025 and planning can begin for a pivotal 2026 season” instead of a Dec. 1 trial date.
“Today’s filing demonstrates that NASCAR’s charter system has the support of race teams throughout the garage, and that the 23XI Racing and Front Row Motorsports lawsuit is not in the best interests of the sport,” NASCAR stated. “This lawsuit is not about antitrust; it is merely an attempt to renegotiate an agreement that was signed and is being honored by all other race teams.
“Together with our race team partners, we remain committed to delivering the best of stock car racing to our fans every weekend through our championship on Nov. 2, including this Sunday on the Roval at Charlotte Motor Speedway. ”
NASCAR included declarations from some Cup car owners, including Rick Hendrick, Roger Penske, Richard Childress and Joe Gibbs, who want the charter system to continue.
“The most important thing to me is that this lawsuit is resolved amicably, quickly, and in a manner that preserves the Charter system and the long-term viability of our incredible sport,” Gibbs stated in his declaration. “That must happen to ensure the health, happiness and prosperity of our many hundreds of employees and their families. Nothing matters more to me.”
U.S. District Judge Kenneth Bell, who has repeatedly suggested to both sides that they settle, stated in court in August that a victory by 23XI Racing and Front Row Motorsports could allow the court to issue significant changes to NASCAR.
Shane van Gisbergen goes for five in a row on road courses Sunday.
“Well, if the plaintiffs prevail at trial, there are a whole host of equitable remedies available to the Court,” Bell said in August.
“And, you know, a lot of them have been discussed in your papers. There’s likely to be sales of tracks. There will be non-exclusivity provisions that will be erased. There will be noncompete provisions that will be erased. There will be changes to what use can be made of the cars. The whole charter system itself may be looked at. Even though nobody’s asked the Court to look at it, but the Court’s not limited to remedies suggested by the parties.
“And the charters are going to look different even if the charter system survives. There will be changes to the charter. But until the jury comes back and we start talking — and only if they find for the plaintiffs, and we start talking about equitable remedies, nobody knows what ’26 is going to look like.
“Sponsors don’t know, drivers don’t know, broadcasters don’t know. Because if plaintiffs prevail, NASCAR is going to look very different. And that’s a lot of uncertainty for everybody. If plaintiffs don’t prevail, everybody’s got certainty. You ain’t racing with a charter. Nothing about their business is going to change. But nobody knows that until sometime mid-December.”
Said Hendrick in his declaration: “The Charter Agreement is critical to the stability of the NASCAR ecosystem – the teams, the businesses that support us and NASCAR itself. Without this framework in place, I question the long-term viability of the teams, including Hendrick Motorsports, and do not believe we would be able to survive. Undoing what we have collectively negotiated will not only result in immeasurable damage to our sport and our respective businesses, it will, most importantly, hurt the people and families that depend on us for their livelihoods.”
Tyler Reddick and Ross Chastain are among the drivers below the cutline and in jeopardy of being eliminated Sunday.
Jeffrey Kessler, attorney for 23XI Racing and Front Row Motorsports issued a statement Friday night after NASCAR’s filing:
“The declarations submitted by the various teams are supportive of my clients’ position. My clients are not, and never have been, seeking to eliminate the charter system. They have supported charters because teams cannot survive without them.
“The declarations from team owners and executives acknowledge this same economic reality. Nor do they excuse NASCAR’s anticompetitive conduct or its unlawful monopoly, points 23XI and Front Row have maintained from the start.
“Many teams have expressed a desire to resolve this matter, a goal my clients share, but NASCAR has yet to demonstrate a similar willingness to engage in meaningful resolution.
“We are confident NASCAR’s summary judgment motion is not going to succeed. This lawsuit has always been about making NASCAR more competitive and fair for the benefit of drivers, sponsors, teams, and fans who love the sport. NASCAR’S new motion changes nothing and we look forward to presenting our case at trial on December 1.”
23XI Racing and Front Row Motorsports filed a motion Sept. 13 seeking a summary judgment on NASCAR’s counterclaims. A hearing on that motion is scheduled for Oct. 21.
