With starting positions now open, if 41 entries are listed after this weekend, the impacted cars might have to qualify based on pace.
Jeffrey Kessler, the teams’ lawyer, released a statement saying, “We are disappointed that the court denied 23XI and Front Row Motorsports a temporary restraining order to allow the teams to continue racing as chartered teams.” We are still certain that our request for a preliminary injunction is both required and legally justified, and we eagerly await the court’s thorough consideration.
As the only two organizations out of 15 to turn down NASCAR’s offer of a charter renewal, 23XI, co-owned by former NBA star Michael Jordan, and FRM launched a federal lawsuit against the race last year.
“We decided to file this lawsuit to challenge NASCAR’s bullying tactics and monopolistic practices, and we will not allow them to force our teams or others out of the sport they love,” Kessler stated in the statement. “The teams are still focused on playing this weekend and advancing in the playoffs, and we are confident in the strength of our argument.
The two teams are battling for recognition as chartered for the current season, which has 16 races remaining, but the matter is scheduled for trial on December 1. In addition to a weekly base payout, a charter ensures one of the 40 available spots in the field.
The case was returned to Bell when Jordan and FRM owner Bob Jenkins secured an order to recognize 23XI and FRM as chartered for the season. However, the decision was reversed on appeal earlier this month.
Three-time winner of the Daytona 500 Jordan and Denny Hamlin, who co-own 23XI, stated that they were ready to send Riley Herbst, Bubba Wallace, and Tyler Reddick to the track every week as open teams. They requested the restraining order on Monday, arguing that they discovered during discovery that NASCAR intended to start selling the six charters right away, putting the plaintiffs in irreversible danger of losing their charters and going out of business.
Ball said that while this is a legitimate and important concern, NASCAR has committed to not selling any charters until the court has had a chance to decide on the plaintiffs’ application for a preliminary injunction. Plaintiffs are also concerned that their competitive position, especially their chances of earning a postseason berth, may suffer if they are not assured a place in the field for future races. Once more, a real, maybe irreversible injury. However, NASCAR tells the court that all of the plaintiffs’ cars will be eligible (should they decide to race) for the races in Dover and Indianapolis that will be held over the course of the next 14 days, much like when charters are sold.
Due to fewer than 40 cars entering the field, there won’t be any problems this weekend in Dover. However, if 41 cars appear anywhere this season, a sluggish driver will be sent home, costing them money and the opportunity to gain points in the rankings.
In the season finale, Reddick, who won the regular season the previous year, fought for the Cup Series title. However, none of the six drivers impacted by the court decision are guaranteed a spot in the playoffs this year.
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