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CHARLOTTE, North Carolina: The bitter fight between NASCAR and two of its teams who have filed a federal antitrust lawsuit against the stock-racing giant spilled into public view Thursday during an acrimonious hearing that included the disclosure of expletive-laden emails and text messages from team owner Michael Jordan and other high-profile litigants.
In one exchange, the retired NBA Hall of Famer2222e2 and co-owner of the 23XI Racing Team used disparaging language about Joe Gibbs Racing and the 13 other teams that signed NASCAR’s new charter agreements last September.
“Teams are going to regret not joining us,” Jordan wrote in a text message to Curtis Polk, his business manager who, along with Jordan and three-time Daytona 500 winner Denny Hamlin own 23XI Racing.
That organization and Front Row Motorsports were the only two that refused to sign extension agreements on charter agreements, the equivalent of franchises in other sports. The two teams then sued NASCAR, accusing it of being a bully and monopoly in a brawl that has played out all year and prompted both teams to say they risk going out of business if the series sells their charters out from under them.
Nothing, however, has been as explosive as the details that came to light for the first time Thursday as documents related to discovery were disclosed.
NASCAR is privately owned by the Florida-based France family, with founder Bill France Sr.’s son, Jim, the current chairman. His granddaughter, Lesa France Kennedy, is the executive vice chair and was in court for the first time since the case began.
Steve Lauletta, the president of 23XI, at one point wrote “Jim dying is probably the answer” to teams getting better terms on a charter agreement while Hamlin said “my despise for the France family runs deep... (but) please let’s not sabotage our own business.”
In a partially redacted text conversation between Jordan and Polk, presumably about the price of charters, Jordan wrote that “I’m not selling even if they were for sale (redacted). What would we do?” Polk replies “This is just a hobby!!!” and Jordan responds “Only can play but so much golf.”
In a second exchange, Jordan discusses with Polk the cost of signing a driver whose name is redacted.
“I have lost that in a casino. Lets do it,” Jordan replied.
NASCAR had its own expletive-laden email exchange among top executives disclosed. Commissioner Steve Phelps in one email wrote that talks had not been productive and pushed for “zero wins for the teams” and in another message wrote “we are (expletive) moving forward.”
Steve O’Donnell, the president of NASCAR, was even harsher when he wrote the model should return to 1996 terms: “(Expletive) the teams, dictatorship, motorsports, rednecks,” he wrote.
Jeffrey Kessler, the attorney for 23XI and Front Row, contended that the NASCAR exchanges as well as contingency plans on how NASCAR could prevent rival competition prove NASCAR is monopolizing the stock car racing market.
NASCAR has maintained in legal filings that 23XI and Front Row relinquished any rights they have to six combined charters when they refused to sign the extensions last September. The teams started the season recognized as chartered, which guarantees 36 chartered teams entry into the 40-car field each week. Chartered teams also receive a substantially higher percentage of payouts.
The order that recognized the six cars as chartered has been overturned and they are currently competing as “open” teams. 23XI Racing driver Tyler Reddick has a clause in his contract that says he can leave if his car is not chartered; Kessler indicated that Reddick and sponsors have given notice that 23XI is in breach.
US District Judge Kenneth Bell warned during the hearing that NASCAR’s charter system is at stake, depending on the outcome of the case. The arguments before Bell were focused on the teams’ urgent request to restore their status as chartered teams through the end of the season ahead of a trial scheduled for Dec. 1.
NASCAR has indicated it plans to immediately begin selling off the charters. Bell asked NASCAR’s attorney that if there is indeed such an eager buyer, why couldn’t the series sell one of the four open slots and then figure out how to address it once the case is settled. NASCAR has maintained that it can’t be forced to do business with teams it does not want to work with.
The judge said he would rule on the request next week after the first playoff race of the season. Reddick and Bubba Wallace are in the playoff field for 23IX and so is Hamlin, who drives for JGR.
Outside court, Jordan said he has been open to a settlement but is willing to see the case go to trial. Kessler warned if 23XI and Front Row do not receive their charters back they will go out of business in 2026.
“Look, I’ve been a fan of the game for a long period of time,” Jordan said. “When we first started this whole process I’ve always said I want to fight for the betterment of the sport. Even though they tried to point out that we’ve made some money, we had a successful business. That’s not the point. The point is that the sport itself needs to continually change for the fans as well as for the teams.
“As well as as for NASCAR, too, if they understand that,” Jordan said. “I feel like we made a good statement today about that and I look forward to going down with fire. If I have to fight this to the end, for the betterment of the sport, I will do that.”
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