On September 4, Federal judge Kenneth Bell sent down a highly anticipated court ruling when he denied an injunction sought by NASCAR Cup Series teams 23XI Racing and Front Row Motorsports.
Last year the two teams filed an antitrust lawsuit against NASCAR over the charter system used to guarantee teams a starting spot in the races.
Currently 23XI and FRM are running races with no charters. Six of the 36 available charters are held by the two teams. Part of the reason for the injunction was that NASCAR has said they were going to sell the charters even before the suit was settled. Last week NASCAR promised that they would not sell the charters until after the legal issues were completed.
Bell has repeatedly said that he, “doesn’t want to rule on the likelihood of one side prevailing over the other.”
After reiterating the statement again in court on Wednesday, Judge Bell said, “as the Court noted at the hearing on this motion, the Court believes that it is best not to provide its forecast of the Plaintiffs’ likelihood of success on the merits, and thereby potentially bias the jury pool, unless it is necessary to do so, which is not here.”
He added, “the uncertainty about what the 2026 season will look like unfortunately exists not just for the Parties, but for the other teams, drivers, crews, sponsors, broadcasters, and most regrettably, the fans.
NASCAR issued a statement saying that the ruling, “brings much-needed clarity to the remainder of the 2025 NASCAR season.
NASCAR began its 10 race playoffs last weekend at Darlington Raceway.
NASCAR allows for a field of 40 cars with 36 starting spots guaranteed by charters. With few exceptions, the field each week the field has less than 40 cars.
NASCAR added, “for nearly 80 years, NASCAR and the France family have championed a bold vision by taking many personal and financial risks to build a sport that fuels livelihoods, inspires generations, and delivers world-class competition. That commitment remains unwavering, and we will continue to defend the integrity of NASCAR and preserve the values that have guided its growth.”
They added, “to the fans: We won’t let this lawsuit distract from what matters most — delivering the unforgettable moments you’ve come to expect from our great sport and crowning the next NASCAR Cup Series champion on November 2.”
The trial is set to begin on December 1, after the conclusion of the 2025 racing season.
Judge Bell noted, “with trial in this matter now less than three months away and the season on its proverbial last laps, NASCAR has agreed to extend those representations, in material effect. This will effectively maintain the status quo pending a final decision on the merits and any permanent injunctive relief following trial (that is, Plaintiffs will be able to race and disputed Charters will not be sold or otherwise transferred.”
Attorney for 23XI and FRM Jeffrey Kessler noted, “we are grateful that Judge Bell has made clear that the status quo is being maintained — protecting my clients’ rights to regain their charters if they prevail at trial and ensuring their ability to continue racing through the 2025 season based on NASCAR’s commitments. Equally important, Judge Bell reaffirmed his broad power to order meaningful changes in NASCAR should we succeed, so that teams, drivers, sponsors, and fans can benefit from a sport positioned for long-term growth and restored competition.
He added, “we are ready to present our case at trial in December.”
When the new charter contract was presented to the 13 teams last year, 23XI and FRM were the only two who refused the “take it or leave it” contract and chose to sue instead.
With the injunction denied, the two teams are competing as open teams; which also means their share of the prize money is considerably less than the chartered teams.