NASCAR has been granted until 5 p.m. ET Wednesday to respond to a new filing by 23XI Racing and Front Row Motorsports, which will push the charter status of the two organizations until late into the week.
23XI Racing and Front Row filed for a new restraining order and preliminary injunction on Monday. They are seeking to maintain their charter status for the 2025 season after the original injunction was vacated on June 5 by a three-judge panel.
The teams’ charter status was set to be vacated Wednesday. NASCAR being given until the close of business that day to respond means a decision on 23XI Racing and Front Row Motorsports being charter teams or not going into Dover Motor Speedway (Sunday, 2 p.m. ET) will not come until thereafter.
In its filing, 23XI Racing and Front Row Motorsports hoped to be granted the restraining order by Tuesday, July 15. The argument is that “without the entry of a temporary restraining order before the mandate takes effect, Plaintiffs will lose their charter rights requiring them, among other things, to race as open teams, and will be forced to unwind their charter purchases before trial set for December 2025.” By not having the temporary restraining order, the teams argue they will be harmed with the loss of their drivers, sponsors, industry goodwill, irreplaceable competitive opportunities, and revenue.
In other words, 23XI Racing and Front Row Motorsports want things to remain status quo before the December trial on the antitrust suit they filed against NASCAR in October. 23XI Racing and Front Row believe if they were to lose the charters now, they will never get them back.
“After the Fourth Circuits decision vacating the preliminary injunction, NASCAR’s counsel sent a letter on June 25, 2025, stating that NASCAR intended to ‘immediately undertake a process’ to sell or unwind the 23XI and Front Row charters that Plaintiffs purchased from Stewart-Haas Racing…” read Monday’s filing. “NASCAR stated that it is ‘aware of interest from multiple prospective buyers for Charters.’”
The teams remain steadfast in the belief they will be successful at the trial. Between the two, 23XI Racing and Front Row Motorsports, there are six charters hanging in the balance. Both organizations expanded to a third car with a purchase of a charter from Stewart-Haas Racing.
Jeffrey Kessler, the lead counsel for 23XI Racing and Front Row Motorsports issued a statement on Monday afternoon.
“Today we filed a motion in the district court for a renewed preliminary injunction and temporary restraining order to protect the teams’ ability to race chartered for the remainder of the 2025 Cup Series season and prevent irreparable business harm to 23XI and Front Row Motorsports until we can present our case at trial in December. New information surfaced through the discovery process that overwhelmingly supports our position that a preliminary injunction is legally warranted and necessary. The teams’ love of stock car racing and belief in a better future for the sport for all parties – teams, drivers, employees, sponsors, and fans – continues to motivate their efforts to pursue this antitrust case.”
NASCAR filed a counterclaim in March against the teams alleging they willfully violated antitrust laws and conspiracy. The counterclaim will go through the legal process alongside the antitrust lawsuit. However, NASCAR remains open to resolution with 23XI and Front Row, and has indicated it is open to hearing a proposal from the two teams, but one hasn’t materialized.
As it currently stands, NASCAR doesn’t believe that 23XI Racing and Front Row have a right to any of the charters because they did not sign the charter agreement. By not signing the agreement, they relinquished the charters. And that also means they don’t have a claim to the additional charter each team purchased from Stewart-Haas Racing.
By this logic, NASCAR does intend to possibly sell the charters before the conclusion of the legal case. Additionally, if 23XI Racing and Front Row were to prevail in the end, NASCAR still doesn’t intend for them to have charters because they have not signed the charter agreement. Nor does NASCAR believe it can be ordered to give the other two sides the charters by being forced into business with someone they don’t want to be involved with, hence the charter agreement.
NASCAR appears eager to move on from the charter piece of the litigation by putting them back in play for any interested parties. It would ensure the field is solidified for the 2026 season. Additionally, it would allow NASCAR to refocus on the revenue pieces of the agreement for those who do have charters.
A statement from NASCAR was issued on Monday after the newest filing:
“It is unfortunate that instead of respecting the clear rulings of the Fourth Circuit, 23XI Racing and Front Row Motorsports are now burdening the District Court with a third motion for another unnecessary and inappropriate preliminary injunction. As both the Fourth Circuit and the District Court suggested, NASCAR has made multiple requests to 23XI Racing and Front Row Motorsports to present a proposal to resolve this litigation. We have yet to receive a proposal from 23XI or Front Row, as they have instead preferred to continue their damaging and distracting lawsuit.
“We will defend NASCAR’s integrity from this baseless lawsuit forced upon the sport that threatens to divide the stakeholders committed to serving race fans everywhere. We remain focused on collaborating with the 13 race teams that signed the 2025 charter agreements and share our mutual goal of delivering the best racing in the world each week, including this weekend in Dover.”