NASCAR has filed its response to the preliminary injunction filed by 23XI Racing and Front Row Motorsports in their anti-trust case against NASCAR on Monday.
The teams filed an injunction in an attempt to keep their charters for the rest of the 2025 season, but NASCAR responded by saying that by not signing the charter agreement in September 2024, both 23XI and FRM relinquished their respective charters — which also led NASCAR to say that the teams can’t get those charters back.
NASCAR did say that it will not sell the charters owned by 23XI and FRM until the latest preliminary injunction is ruled on.
NASCAR accused 23XI and FRM of trying to “cow NASCAR into providing them better terms” in regard to the 2024 charter agreement, which was signed by every Cup Series team save for them.
“It has dragged NASCAR into a baseless litigation that has harmed NASCAR’s goodwill, prevented NASCAR from seeking partners that want to help grow the sport, and has taken money that rightfully belongs to teams that did sign the 2025 charter agreements.”
NASCAR went on to call the potential harm that 23XI and FRM are presenting in regard to the loss of charters “speculative, likely manufactured once again, and entirely self-inflicted.”
Per Jeff Gluck of The Athletic, both 23XI and FRM have completed the paperwork in order to run as unchartered teams through the conclusion of the 2025 season. 23XI and FRM are both confirmed to be open teams for the upcoming race weekends at Dover Motor Speedway and Indianapolis Motor Speedway. That carries the prospect of major financial losses and drivers from 23XI or FRM potentially missing races if more than 40 entries show up to qualify.
But NASCAR doesn’t believe being unchartered could open the door for sponsors or drivers to leave 23XI or Front Row.
“There is no credible risk (or even threat) that any of plaintiffs’ drivers will leave mid-season, let alone over the next two weeks,” NASCAR said. “None of their evidence even makes that claim.”
The next decision in the case would be a ruling on the temporary restraining order filed by 23XI and FRM on Monday before a decision is made on the latest preliminary injunction.
