NASCAR slams 23XI, FRM, Michael Jordan in response to court filing, makes charter sale intention clear

NASCAR has officially filed its response to 23XI Racing and Front Row Motorsports’ request for a temporary restraining order, which would allow them to continue racing as chartered teams this season. And it’s a doozy.

The Michael Jordan-Denny Hamlin co-owned 23XI and Front Row lay claim to a combined 6 charters, with their status set to be revoked by the time the teams race at Dover this weekend. Of course, 23XI and FRM intend to keep racing in 2025, regardless of their charter status. NASCAR reporter Jeff Gluck did fans the courtesy of breaking down the most important points of the filing today.

In a nutshell, NASCAR is claiming 23XI and FRM don’t actually own the charters as they never agreed to the terms. As a result, these charters are not something the teams can get “back.” According to Gluck, NASCAR also argues that “no credible risk” exists for the teams’ drivers to leave mid-season, regardless of charter status.

Further, NASCAR states that it will not sell said charters until the court rules on the preliminary injunction motion. This, despite “substantial” interest from other motorsports companies.

NASCAR also takes aim at Michael Jordan, citing a claim he made in a deposition.

“When asked what he was ‘hoping (to) get out of this lawsuit,’ his response was: ‘Permanent charters, an opportunity to race Cup, race stock cars.'”

NASCAR is using Michael Jordan’s statement to show that this case is a contract dispute, as opposed to an antitrust one.

Much of NASCAR’s filing today is a reiteration of arguments we’ve heard over the past few months. But among the new information was the revelation that 23XI and Front Row have both submitted the paperwork that allows them to operate as open teams for Dover and Indy.

NASCAR charter significance for 23XI, FRM

If you haven’t been following the ins and outs of the 23XI-FRM vs. NASCAR antitrust case, or are simply new to NASCAR, you may not have a full grasp on what exactly a charter does for a team.

In the simplest terms, a NASCAR charter guarantees a team a spot in every race on the schedule. Without charter status, teams must qualify for each event in order to race. This is called an “open” team.

Perhaps the most important aspect of being a chartered team, however, is the financial impact. Chartered teams get a share of the revenue. In other words, a chartered team gets paid just for showing up. Open teams do not. This is especially relevant because an injunction allowing 23XI and FRM to continue racing as chartered teams this season was recently overturned. According to the filings, the two teams may actually have to give all the money from the previous 20 races back to NASCAR.