A federal judge has denied a request from 23XI Racing and Front Row Motorsports to retain their guaranteed starting positions while their antitrust lawsuit against NASCAR proceeds, a significant setback for the two teams. Team owner Denny Hamlin, however, remained defiant, vowing that “all will be exposed” in the upcoming trial.
The ruling means the six cars operated by the two organizations will now compete as “open” entries, starting this weekend at Dover. This strips the teams of their charters, which guarantee a spot in each 40-car race field and a base amount of revenue. Without a charter, teams must qualify on speed and risk being sent home, a situation they claim could force them out of business.
On Thursday, U.S. District Judge Kenneth Bell rejected the teams’ bid for a temporary restraining order. He reasoned that they are likely to qualify for the next few races and are not in immediate danger of losing drivers or sponsors before a decision on a preliminary injunction is made. Judge Bell did, however, leave open the possibility of reconsidering if the teams’ circumstances worsen over the next two weeks.
“If you want answers, you want to understand why all this is happening, come Dec. 1, you’ll get the answers that you’re looking for,” Hamlin said Saturday at Dover Motor Speedway. “Mark your calendar.”
The legal conflict began last year when 23XI, co-owned by Hamlin and NBA legend Michael Jordan, and Front Row Motorsports, owned by Bob Jenkins, filed a federal suit against NASCAR. They were the only two of 15 organizations to reject the racing series’ charter extension offer. An earlier injunction that allowed them to keep their charters for the start of the season was overturned on appeal this month, returning the case to Judge Bell.
The teams had sought the restraining order after claiming they learned through legal discovery that NASCAR intended to sell the six charters, which they argued would cause “irreparable jeopardy.”
The court’s decision creates immediate uncertainty for the drivers involved. Tyler Reddick, last year’s regular-season champion, reportedly has a contract clause allowing him to become a free agent if 23XI loses its charter. Both Reddick and Hamlin declined to comment on the driver’s future. None of the six drivers affected by the ruling are currently locked into this year’s playoffs.
While a smaller entry list at Dover ensures the teams will race this weekend, they may face elimination at future events if more than 40 cars attempt to qualify.
Front Row Motorsports driver Zane Smith stood by his team owner’s legal fight. “Nothing changes from my end, obviously, and nothing changes from inside the shop,” Smith said. “I leave all that up to them, but my job is to go get the 38 the best finish I can.”
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