NASCAR team owner Richard Childress and his Richard Childress Racing organization are contemplating legal action against the league over a string of text messages sent by NASCAR commissioner Steve Phelps that were unsealed last week in the ongoing legal case between two other teams and NASCAR.
In the August 2023 exchange, Phelps — then NASCAR’s president — said Childress should be “taken out back and flogged” and called him a “stupid redneck who owes his entire fortune to NASCAR” while conversing with Brian Herbst, NASCAR chief media and revenue officer, about a radio appearance in which Childress was critical of the league.
“RCR and Richard Childress are deeply disappointed by the insensitive and defamatory statements made about Mr. Childress,” the team said in a statement Monday. “These comments reflect the way certain NASCAR executives have historically viewed and treated many team owners like Mr. Childress. …
“Mr. Childress and the organization will issue no further statements regarding these or other defamatory text messages that have recently surfaced, as legal action is being contemplated and discussed with legal counsel.”
The exchange between Phelps and Herbst followed a Childress interview on SiriusXM NASCAR Radio, in which he criticized the Next Gen car that teams race in the sport’s premier Cup Series and NASCAR’s media rights deal that was still being negotiated. Both Phelps and Herbst were heavily involved in finalizing that deal.
In 2023, Herbst responded to Phelps’ remarks by saying: “Just listened to the hit. He is an idiot. So many false claims and/or disingenuous statements.”
Steve Phelps, at NASCAR’s championship race earlier this month. (Jared C. Tilton / Getty Images)
NASCAR confirmed that Phelps reached out to Childress, prior to the texts being revealed, to address the matter and say he regretted his language. Phelps could not be reached for comment.
The texts were unearthed Friday during the discovery process as part of the ongoing federal antitrust lawsuit NASCAR is facing from 23XI Racing and Front Row Motorsports.
In addition to winning six Cup Series titles with acclaimed driver Dale Earnhardt, Childress’ blue-collar background and rough-and-tumble persona have made him one of the pillars of the sport, widely respected across the garage. He was inducted into the NASCAR Hall of Fame in 2017.
Childress, 80, has never been shy about expressing frustration with NASCAR leadership, including during the prolonged and contentious charter negotiations that are at the heart of 23XI and Front Row’s suit against NASCAR and NASCAR CEO and chairman Jim France.
NASCAR and 13 teams, including RCR, reached an agreement last September that extended the franchise-like charter system for seven years and assured increased guaranteed revenue levels to the teams. 23XI and Front Row were the only teams that did not sign the extension.
The trial between NASCAR and 23XI/Front Row is set to begin Dec. 1. Childress is not on the witness list to testify.