The battle was always going to be bitter. When Michael Jordan’s 23XI Racing joined hands with Front Row Motorsports to file a lawsuit against NASCAR, the decision was always going to be bold and risky. Not only were both teams risking their valuable charters after months of intense negotiations, but they were also going against the norm. 13 teams had already signed the final proposal under controversial circumstances, but the little ‘rebellion’ chose a path less traveled.
During the hearing on Monday, NASCAR refuted allegations pointing toward teams being coerced into signing the agreement or risking losing their charters. Describing it as a “complete distortion” of facts, anti-trust attorney Jeffrey Kessler was disappointed with the sanctioning body’s approach, a sentiment that was shared by Jordan.
Michael Jordan stands firmly behind his lawyer’s views
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It almost seemed like NASCAR had issued an ultimatum. 48 hours before the opening playoff race at Atlanta Motor Speedway, the sanctioning body presented a take-it-or-leave-it charter proposal to its teams with a short deadline for signing the agreement. Not willing to risk their valuable charters, 13 teams put pen to paper and agreed to the organization’s terms, which included a clause of not being able to file an anti-trust lawsuit. Two teams decided to take the chance, which included Michael Jordan’s 23XI Racing and Bob Jenkins’ Front Row Motorsports.
Representing NASCAR and the France family, attorney Christopher Yates dismissed claims of coercion and said, “We’re talking about Roger Penske, Rick Hendrick, and Joe Gibbs — people who do not get pushed around.” However, the cherry-picked quotes presented in court didn’t go down well with Jeffrey Kessler, who said, “I think I said it in open court that I think the actual record corresponded to how they presented the facts. How they did it in the slides. The judge will make that determination but I was disappointed in the other side for not really portraying the record as it is.” Michael Jordan echoed that sentiment by saying, “I agree with him.”
Speaking under conditions of anonymity, a NASCAR team owner said, “I did not have the b–lls to do what 23XI and FRM are doing because I was afraid I’d lose my charters.” He wasn’t the only one to feel this way as Richard Childress also expressed that he felt compelled to sign the charter proposal, saying, “6:37 is when it came in, and we had to sign by 12:00, or we lose our charters.” While some team owners, such as Brad Keselowski and Rick Hendrick, felt satisfied with the terms offered, this sentiment wasn’t shared across the board, especially because of how the matter was handled by the sanctioning body.
As the rest of the teams look from the sidelines, 23XI Racing and Front Row Motorsports are fighting a bigger battle. The France family and Michael Jordan are not accustomed to losing, which means everything depends on the court’s verdict, which could alter the sport forever. If the ‘rebellion’ does win, the other 13 teams will receive better terms as per a revised charter proposal as well. In its 76 years of existence, NASCAR has had its authority questioned many times before, but this time, the opposition is equipped with vast financial resources and a powerful attorney. Will they be able to bring about a seismic change in the sport?
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NASCAR’s attorney opens up about charter dispute
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The fifth floor of the federal courthouse in Charlotte was packed. That is s to be expected, especially because the high-profile case involved NASCAR’s hierarchy and Michael Jordan, one of the most recognizable athletes in the world. Both the attorneys, Jeffrey Kessler and Christopher Yates, enthusiastically took part in the hearing, each given a little more than half an hour to make themselves heard. Meanwhile, the NBA Hall of Famer sat attentively in the front row, occasionally smirking or holding his chin while absorbing every word.
23XI Racing and Front Row Motorsports are hoping that with the injunction, the teams can compete in the 2025 season as per the terms of the new agreement. However, they want the clause that forbids teams from filing an anti-trust lawsuit against NASCAR to be waived. Even though the final proposal had a deadline of November 5th, the sanctioning body has withdrawn the offer, as they no longer want to enter into a charter agreement with Michael Jordan or Bob Jenkins’ teams.
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On that note, NASCAR and France family attorney Christopher Yates said, “They have been calling NASCAR a series of names that undermine NASCAR’s brand and goodwill. NASCAR only wants to enter into charter agreements with teams who want to work collectively to grow the sport.” He added that both teams have launched a “frontal assault on the charter system” and urged Michael Jordan to invest his money in another sport, such as “buying another NBA team.” The comment was a swipe at the 61-year-old’s former ownership of the Charlotte Hornets last year, sold for a reported sum of $3 billion.