A Legal Battle Could Be Coming Between NASCAR, 23XI Racing

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Right as the Cup Series playoffs began, NASCAR faced an escalating situation off the track.

Along with Front Row Motorsports, 23XI Racing refused to sign an extended proposal to NASCAR's charter agreement before Friday's midnight deadline. NASCAR reportedly sent the documents out earlier that day.

The Athletic racing insiders Jeff Gluck and Jordan Bianchi dissected the situation on The Teardown podcast. Facing the threat of closing shop if NASCAR revokes its charters, Bianchi struggled to understand 23XI's plan.

"I don't see how this gets resolved in a way that 23XI says, 'Hey, we're happy with this,'" Bianchi said. "To me, the deal is virtually done. It's almost like a 'take it or leave it.' ... I just don't see a path forward."

While Gluck also doesn't anticipate 23XI Racing having the leverage to receive a better deal, he speculated that Michael Jordan's racing team could "go all the way" and seek legal action.

BROOKLYN, MICHIGAN - AUGUST 18: Michael Jordan, NBA Hall of Famer and co-owner of 23XI Racing looks on during the NASCAR Cup Series FireKeepers Casino 400 at Michigan International Speedway on August 18, 2024 in Brooklyn, Michigan. (Photo by Logan Riely/Getty Images)

Logan Riely/Getty Images

"If they think, 'Hey, we can drag NASCAR into court and either get a settlement from this or get NASCAR to make the concessions we've been asking for, or take it all the way and change the model of the sport, essentially,'" Gluck said (h/t On3). "Maybe that's what they're trying to do, and they feel like they're trying to do it for the other teams as well.

"I didn't think it would get to this point, but now for the first time I'm seeing, this could be a long, long protracted battle if this does not come to a head."

Discussing the charter holdout with Gluck and Bianchi, 23XI Racing co-owner Curtis Polk accused NASCAR of "predatory practices" that "will not withstand scrutiny and be accepted in 2024."

Polk, who framed the team's stand as "David facing Goliath," wouldn't confirm or rule out the possibility of pursuing legal recourse against NASCAR.

"I'm not going to speculate as to what we're going to do," Polk said. "We're going to protect our rights, and whatever we have to do to protect our rights is what we'll do."

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