Judge Denies Preliminary Injunction Request for 23XI, Front Row Motorsports
Judge Frank D. Whitney has denied the preliminary injunction request from 23XI Racing and Front Row Motorsports, which would allow the organizations to compete as chartered teams while its antitrust lawsuit is pursued.
"At this time, Plaintiffs have not met their burden as required for a preliminary injunction. Should circumstances change, Plaintiffs may file a renewed motion for preliminary injunction. Therefore, the Court denies Plaintiffs’ motion without prejudice"
The hearing took place on Monday, November 4.
In this hearing, both 23XI Racing and Front Row Motorsports argued that without the preliminary injunction being granted, that they would face irreparable harm through several avenues. Those include: risking losing sponsors and drivers (who are contracted under the assumption of the team fielding Chartered entries), the financial impact of running as Open Entries threatening their existence as race teams, and the loss of goodwill with fans should they fail to qualify for a race.
Finally, Plaintiffs allege that "NASCAR has the power to exclude open competitors completely" under the 2025 Charter Agreement.
"Here, although Plaintiffs have alleged that they will face a risk of irreparable harm, they
have not sufficiently alleged present, immediate, urgent irreparable harm, but rather only
speculative, possible harm. That is, although Plaintiffs allege they are on the brink of irreparable
harm, the 2025 racing season is months away—the stock cars remain in the garage."
In Judge Whitney's response to Monday's hearing, it is stated that 23XI Racing and Front Row Motorsports are not alleging a "present prospect" of the loss of sponsors and drivers, but instead, are saying that drivers could leave should they compete as Open Entries. That, however, is not good enough for a preliminary injunction to be granted. The same lack of definitive proof of potential threat to the
That same lack of definitive proof, first of the potential threat this ruling could have to their existence and second, the loss of goodwill from fans and sponsors, is speculative, and not a definitive loss that will come as a result of being denied the injunction.
"Finally, the possibility that NASCAR may exclude open teams is merely speculative. Based on the parties’ representations at the hearing, the Court understands Plaintiffs could sign open contracts today and continue racing in 2025. Instead, they have chosen not to because they have been unable to negotiate a contract without the provision of which they complain.
Judge Frank D. Whitney, in his conclusion, says that Plaintiffs may file a renewed motion for preliminary injunction, should circumstances change. 23XI Racing and Front Row Motorsports will have until December 2 to file an answer.
