NASCAR has reversed course and now says it will not sell or transfer any of the charters related to the litigation involving 23XI Racing and Front Row Motorsports until after the trial has concluded.
The notice comes a day after the parties were in court over the preliminary injunction request the two teams filed. 23XI Racing and Front Row want to be recognized again as charter teams for the remainder of 2025, in addition to preventing NASCAR from moving the charters. The original preliminary injunction the teams competed with was vacated in June.
It was stated by NASCAR that, “In light of the Court’s comments regarding irreparable harm at the August 28, 2025 hearing, and given NASCAR’s desire to focus both on growing the sport for the 2026 Cup Series season and preparing for the trail scheduled for December 2025, NASCAR writes to inform the court of the following voluntary commitments pending the conclusion of the trial…”
The commitments are that NASCAR will not change the rule added to the NASCAR Rule Book in July, which guarantees that 23XI Racing and Front Row will qualify for every race as Open teams; NASCAR will not issue, sell, convey, or lease any additional Charters for the 2025 season; NASCAR will not effectuate a sale, conveyances, or least either of the inactive charters (the ones sold by Stewart-Haas Racing); and NASCAR will not issue, sell, convey or least more than four charters for the 2026 season.
NASCAR wants the notice to make the preliminary injunction request by the teams no longer necessary, and “respectfully requests that the Court deny Plaintiffs’ request for preliminary injunction on the grounds that it is moot, or in the alternative, that Plaintiffs face no irreparable harm.”
23XI Racing and Front Row argued during the Thursday court hearing that they face going out of business after this season if the charters are sold. It is not viable, in their argument, for teams to compete as Open competitors in the long run. Additionally, they’ve argued they will stand to lose drivers and sponsors if they are not charter teams.
However, the notice from NASCAR is not sufficient for the two teams.
Their response was included in NASCAR’s filing and states, “Plaintiffs do not agree that Defendants’ notice and representations moot Plaintiffs’ Motion for Preliminary Injunction. Plaintiffs further do not agree that Defendants’ notice and representations demonstrate Plaintiffs face no irreparable harm. Plaintiffs will provide their position to the Court on the Defendants’ notice and representations on September 2, 2025.”
Judge Kenneth Bell said at the conclusion of Thursday’s hearing that his order on the preliminary injunction would be issued next week.