FILE - Bob Jenkins, owner of Front Row Motorsports, and Michael Jordan, co-owner of 23XI Racing, pose before a NASCAR Cup Series auto race at Talladega Superspeedway, Oct. 6, 2024, in Talladega, Ala. (AP Photo/Butch Dill, File)
FILE - Bob Jenkins, owner of Front Row Motorsports, and Michael Jordan, co-owner of 23XI Racing, pose before a NASCAR Cup Series auto race at Talladega Superspeedway, Oct. 6, 2024, in Talladega, Ala. (AP Photo/Butch Dill, File)
The two race teams suing NASCAR over antitrust allegations filed for a temporary restraining order and preliminary injunction Monday to be recognized as chartered organizations for the remainder of 2025.
23XI Racing and Front Row Motorsports are locked in a lengthy legal battle over the charter system, which is the equivalent of the franchise model in other sports. 23XI, owned by retired NBA great Michael Jordan and three-time Daytona 500 winner Denny Hamlin, and Front Row, owned by entrepreneur Bob Jenkins, last September rejected NASCAR's final proposal on extensions and instead filed an antitrust suit.
The case is winding its way through the court system but now with urgency: the teams were set to lose their charters Wednesday and in the latest filing, they allege NASCAR has indicated it will immediately begin the process of selling the six tags that guarantee entry into every race as well as monetary rewards and other benefits.
After the filing NASCAR was ordered to respond by 5 p.m. Wednesday — which means there would be no ruling on if the charters will be revoked likely until Thursday, at the earliest.
“Today we filed a motion in the district court for a renewed preliminary injunction and temporary restraining order to protect the teams’ ability to race chartered for the remainder of the 2025 Cup Series season and prevent irreparable business harm to 23XI and Front Row Motorsports until we can present our case at trial in December," said Jeffery Kessler, attorney for the teams.
"New information surfaced through the discovery process that overwhelmingly supports our position that a preliminary injunction is legally warranted and necessary. The teams’ love of stock car racing and belief in a better future for the sport for all parties – teams, drivers, employees, sponsors, and fans – continues to motivate their efforts to pursue this antitrust case.”
There were large portions of the filing redacted because the arguments are based on information learned through discovery, making it confidential, for now. But, the urgency is likely tied to NASCAR indicating it plans to immediately begin selling the charters if they are revoked.
Should the teams have their six combined charters revoked, the drivers would have to qualify on speed to make each week's race and would receive a smaller percentage of the purse. They may also have to refund money paid out through the first 20 races of the year.
NASCAR accused 23XI and Front Row of filing “a third motion for another unnecessary and inappropriate preliminary injunction” and noted it has made multiple requests to the teams “to present a proposal to resolve this litigation.”
“We have yet to receive a proposal from 23XI or Front Row, as they have instead preferred to continue their damaging and distracting lawsuit,” NASCAR said in a statement. "We will defend NASCAR’s integrity from this baseless lawsuit forced upon the sport that threatens to divide the stakeholders committed to serving race fans everywhere.
"We remain focused on collaborating with the 13 race teams that signed the 2025 charter agreements and share our mutual goal of delivering the best racing in the world each week, including this weekend in Dover.”
Also on Monday, Rick Ware Racing and Legacy Motor Club had a short virtual hearing in a North Carolina court over their fight for a charter.
Legacy, owned by seven-time NASCAR champion Jimmie Johnson, contends it had an agreement with RWR to lease one of its two charters in 2026. RWR contends the agreement was for 2027 and it already has a contract with RFK Racing to lease that team a charter next season.
Legacy on Monday asked for and was granted the right to depose RWR over the recent revelation that T.J. Puchyr, one of the founders of Spire Motorsports, plans to purchase the race team. Legacy contends if Ware is selling the team, then one of the charters should be transferred to its organization.
Legacy also argued that Ware did not disclose he was entering into a sales agreement with a third party — Puchyr, who is now a consultant and brokered the initial lease deal between RWR and Legacy — in an April hearing. The judge in that case warned that RWR could be in contempt of court if it misrepresented its intentions in the first hearing.
