CHARLOTTE, N.C. — Hours before the start of practice for this weekend’s NASCAR Cup Series finale at Arizona’s Phoenix Raceway, a U.S. District Court Judge denied the preliminary injunction request made against NASCAR by a pair of active series participants.
23XI Racing and Front Row Motorsports had filed a motion for preliminary injunction that would have allowed them to participate in the 2025 Cup Series season as “chartered” teams despite having not signed the updated charter agreement with the sanctioning body. The current charter agreement expires at the end of this calendar year.
U.S. District Court Judge Frank Whitney stated the teams “have not met their burden as required.” However, the judge promised to expedite the hearing for the original antitrust lawsuit filed earlier this fall by the 23XI Racing and Front Row Motorsports.
In court this week, lawyers for 23XI Racing and Front Row Motorsports lobbied to race next season as charter teams, citing their businesses would suffer otherwise. The parties also asked for a clause in the existing charter agreement, which gives teams no right to sue NASCAR, be waived.
Ironically the news of the ruling broke while NASCAR officials were on stage at Phoenix Raceway, presenting the annual State of the Sport address.
NASCAR President Steve Phelps opened his remarks by reiterating that NASCAR will not negotiate agreements with the teams in the press.
“I know people are frustrated about that,” Phelps said. “We are not going to negotiate in the media about charters, ever. And we are very happy that 32 of the 36 charters were extended because those were race teams that, where the deal that was put on the table for them, the primary big win for the race teams was money.
“I won’t go into what the money split looks like, but what I will say is that the amount of money, it now puts the race teams, starting in ‘25, as the single largest beneficiary of our media deal. And we did that because the race teams were upside down financially.”
23XI Racing is co-owned by Michael Jordan and Denny Hamlin, while Bob Jenkins owns Front Row Motorsports. The teams can appeal the judge’s ruling.
Jeffrey Kessler, attorney for 23XI and Front Row, issued a statement later on Friday afternoon.
“We are pleased with the court’s decision to expedite discovery and fast track the schedule in our case against NASCAR,” the statement read. “Although we are disappointed that the preliminary injunction was denied without prejudice and as premature, which we intend to appeal, this denial has no bearing on the merits of our case. My clients will move forward to race in 2025 and continue to fight for a more fair and equitable system in NASCAR that complies with antitrust law.”