Teams Seek Injunction in Suit Against NASCAR

Front Row Motorsports and 23XI Racing have asked for a preliminary injunction that would allow the organizations to race as chartered teams while their antitrust suit filed earlier this month against NASCAR moves through the legal system.

NASCAR has two weeks to file a response.

FRM and 23XI were the only two of 15 Charter teams that refused to sign the agreement NASCAR presented to the Cup Series organizations for the 2025-2031 seasons. If granted the injunction, the two organizations would be guaranteed starting positions for their teams and receive the money set aside for the Charter teams while pursuing their antitrust suit against NASCAR.

Without a Charter, a team must qualify for an event and runs the risk of being bumped from the starting field if more cars show up than the number allotted for the race. However, a non-Charter team is eligible for the playoffs as long as it enters every race and wins/points its way into the post-season.

In Wednesday’s filing, the teams maintain the Daytona 500 purse is 15% of the entire season purse, which is why a guaranteed starting spot is important. 23XI Racing says it must invest $2.5 million in parts/equipment to start a third team. FRM has 80 employees, while 23XI has 100 with plans to add 27 to 32 for a third team.

The teams also filed a motion for expedited discovery, asking the federal court in North Carolina’s Western District to give the teams’ attorneys immediate access to documents and files from NASCAR executives Jim France, Lesa France Kennedy, Ben Kennedy, Steve O’Donnell, Steve Phelps, and Scott Prime. The teams are seeking:

• Documents discussing the mandatory release provision in the 2025 Charter agreements.

• Documents discussing NASCAR’s decision to end negotiating with the Team Negotiating Committee and only negotiate with individual racing teams for the 2025 Charter agreement.

• Documents discussing NASCAR’s decision to present to the teams a take-it-or-leave-it final proposal on Sept. 6, 2024, for the 2025 Charter agreement.

The expedited discovery motion also seeks documents and files surrounding:

• NASCAR’s exclusive or restrictive contracts with independently owned race tracks that have hosted Cup Series races since 2016.

• NASCAR’s acquisitions of International Speedway Corp and ARCA.

• The Charter agreement provisions that restrict teams from competing in non-NASCAR events and using Next Gen parts and cars in non-NASCAR events.