Judge expresses concern over suit vs. NASCAR, asks what 23XI, Front Row want

CHARLOTTE, N.C. — From the moment 23XI Racing and Front Row Motorsports collectively filed an antitrust lawsuit last fall against NASCAR and NASCAR CEO and chairman Jim France, the most-asked question has been, what exactly do 23XI and Front Row want if they prevail in federal court?

On Tuesday, after receiving that question from U.S. District Court Judge Kenneth D. Bell, attorney Jeffrey Kessler, who represents 23XI and Front Row, laid out what his clients seek.

Among the possibilities, Kessler explained, was forcing NASCAR to divest itself of the racetracks it owns, 11 of which host premier Cup Series races. The plaintiffs also want any financial damages to be tripled, and the ability to compete in non-NASCAR-sanctioned races using the NASCAR-exclusive Next Gen car.

The goals of 23XI and Front Row were among the highlights from a nearly two-hour hearing centered around NASCAR’s counterclaim that 23XI, Front Row and 23XI co-owner Curtis Polk “agreed to a scheme to pressure NASCAR to accept their collusive terms, including by engaging in media campaigns, interfering with NASCAR’s broadcast agreement negotiations, threatening boycotts of NASCAR events and engaging in a group boycott of a NASCAR Team Owner Council Meeting.”

In its counterclaim filed in March, NASCAR alleged that Polk operated as the ringleader in conspiring against NASCAR as the league and the 15 teams that hold charters — the equivalent of a franchise in other sports, which includes assurances of certain monetary gains — negotiated a new charter agreement.

In court on Tuesday, NASCAR’s attorneys argued that the fact that the teams boycotted a planned meeting with NASCAR demonstrated a willingness to boycott a race. NASCAR has previously argued that the teams discussed boycotting the 2024 Daytona qualifying races. On Tuesday, Kessler rebutted that claim, saying there was no conspiracy by the teams and that boycotting a meeting is merely part of the negotiating process.

Bell did not render a verdict Tuesday, but with a trial date set for Dec. 1 and both sides far apart, he did issue a warning at the conclusion of the hearing. “Hard to picture a real winner if this goes to the mat, or the flag, in this case,” Bell said.

Afterward, Kessler told reporters his side was open to a settlement, but that NASCAR was uninterested in doing so.

“We’ve always indicated that if there could be a fair settlement breach, that we could come to something that’s good for everybody, I’m a lawyer, I am always open to settlement,” Kessler said. “I think my clients are always open to settlement.

“(If) they’re not going to agree to anything, we’ll see them at trial. We are very much open to what all the judges are saying … this is a case that should be settled and worked out so that everyone could go forward racing. The fans don’t have to read and hear about all of this, and could have a better system for everyone.”

Kessler also said 23XI and Front Row would seek a rehearing before the full Fourth Circuit Court of Appeals as they attempt to maintain their charter status for the 2025 season. Three judges earlier this month overturned an injunction the teams had been granted to maintain their charter status, after NASCAR won its appeal.

“Unfortunately, I don’t think the three judges, if you read their opinion, actually dealt with the hard issues, and that’s what the circuit will need to do,” Kessler said.

(Photo: Jay Biggerstaff / Getty Images)