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NASCAR has formally opposed a preliminary injunction requested by 23XI Racing and Front Row Motorsports regarding team charters for the 2025 racing season.
In its filing, NASCAR argues that the plaintiffs' demand for charters after the signing period has closed does not meet the extraordinary circumstances typically required for such injunctions. This statement, part of a legal document submitted late Wednesday, sets the stage for a contentious hearing that was originally scheduled for next week but has been postponed due to the anticipated impact of Hurricane Milton on NASCAR's Daytona Beach headquarters. NASCAR’s opposition is based on several key points. The organization asserts that granting the injunction would disrupt the current situation by compelling NASCAR to issue charters even though the signing period has ended.
Additionally, NASCAR suggests that financial compensation could resolve the issue, highlighting that the teams are committed to competing as open entries, which undermines claims of irreversible harm.
The situation is further complicated by the potential disruption caused by Hurricane Milton, which may lead NASCAR to temporarily close its offices. In light of this, NASCAR has proposed rescheduling the hearing to November 4, a change that has now been confirmed.
The response within the legal documents states:
"Defendants are working to prepare oppositions that provide an argument, applicable law, and, evidentiary support to demonstrate Defendants positions:
"1) Plaintiffs are seeking a mandatory injunction that is only warranted in the most extraordinary circumstances (which are not present here) since they are seeking to alter the status quo through an injunction requiring NASCAR to provide Charters for 2025 and beyond notwithstanding that the time to sign Charters for 2025 has expired.
"2) Plaintiffs cannot establish irreparable harm since Plaintiffs and their counsel have confirmed that Plaintiffs' teams will compete as open teams in 2025, which means that money damages can compensate Plaintiffs even if they were to ultimately prevail.
"3) Plaintiffs cannot establish a likelihood of success on the merits for multiple reasons, including that this is a dispute over contract terms, not an antitrust case."
FRM owner Bob Jenkins has reiterated the team's resolve to compete irrespective of the current charter debacle. He explained:
"Because of our love for the sport and our determination to maintain the race team we have built, we are determined to race next year even if we have to do so on an 'open' basis. But at some point, the losses may become so severe that we simply cannot continue — causing irreparable harm to our business, our employees, and the communities and fans we are associated with."
Similarly, Curtis Polk, co-owner of 23XI Racing shared his confidence, saying:
"We have the resources that if we want to race, we'll race."
