The real reason NASCAR wants to keep charter dispute out of court

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NASCAR and 23XI Racing seem to be in an ongoing struggle, as the charter agreement between them has yet to be finalized. This relatively young team, led by Denny Hamlin and Michael Jordan, has been performing impressively year after year, and their ambitions have grown even further with this season's developments. 23XI Racing is not the only team without a charter agreement; Front Row Motorsports is also in the same situation.

Based on the reactions from key figures in these teams, the situation could potentially end up in court. However, NASCAR might be trying to avoid such a scenario at all costs. 

Jeff Gluck and Jordan Bianchi from The Athletic discussed this issue on their Teardown podcast, suggesting that it is in NASCAR's best interest to prevent matters from escalating. Their analysis is grounded in the belief that NASCAR has had numerous controversies in the past, and it would not benefit them to have any of their potentially questionable practices exposed.

“Here’s the thing, that’s exactly it,” Gluck said, as quoted by On3. 

“NASCAR does not want to go to court, they do not want to open their books, they do not want to have every part of their business splashed everywhere for everybody to see how the inner workings all work. So, even if 23XI has ultimately a losing case, dragging NASCAR into court might be enough of a play for them.”

Jordan Bianchi reacts

When discussing the power 23XI Racing has, Bianchi pointed out that their current situation might be their final chance to influence the outcome. He explained that, besides having Front Row Motorsports as an ally, 23XI Racing doesn't have many other strong bargaining points left. However, one noteworthy advantage they do have is the association with Michael Jordan, which could give them additional leverage in their negotiations with NASCAR.

Gluck stresses that NASCAR executives are keen to avoid situations that could lead to criticism and potentially damage their reputation and influence. One massive advantage for 23XI Racing is that they have a high-profile figure like Michael Jordan within their team. Jordan's status in the sports world could have an impact on the proceedings. There is little doubt that Jordan would leverage his influence effectively and could potentially win a court case against NASCAR if it came to that.

“And if you’re NASCAR you do not want to be associated with the fact that, ‘Hey, we just yanked the charters from the team that Michael Jordan owns, oh and by the way our regular season champion, oh by the way one of our most popular drivers, Bubba Wallace."- he said.

Jordan Bianchi Jordan Bianchi© Shirley on Sports / Youtube Channel

Bianchi believes that NASCAR would face a huge amount of criticism and negative public reaction if the situation were to escalate. He is not firmly convinced that NASCAR would choose to resolve the issue through financial means, such as offering money to 23XI Racing. In other words, Bianchi doubts that NASCAR would use financial incentives as a way to settle the controversy.

Bianchi stressed that there are both advantages and disadvantages in this situation, and he wishes he had a clear answer. He pointed out that the details of the charter agreement are not public, but if the agreement specifies that it ends on December 31, 2024, and if no new agreement is made, then the charter could simply expire. In such a case, the team might not have a strong argument to claim that their charter is being unfairly taken away. Bianchi expressed uncertainty about how the situation would be handled if the charter agreement were to end without renewal.

The Athletic reporter finds this case interesting due to the uncertainty of its outcome. He stated that NASCAR has historically engaged in certain practices that have surprised many. According to Bianchi's statements, it seems that NASCAR executives have firm positions and are unwilling to budge. 

The head of NASCAR appears determined to assert control over the organization and is not open to compromise. NASCAR's specific philosophy sets it apart from other companies, but it remains uncertain whether this approach will lead to the desired results and help the company progress. It is difficult to predict how this will ultimately play out.

“It’s very fascinating to see how this plays off, because you have two sides who, NASCAR is very used to, historically, getting its way, and running its sport however it wants to. There’s a long history, dating back to really the first year NASCAR was founded. Like, this is how Bill France, or Bill Sr. is going to do it, this is how Bill Jr. is going to do it, and Jim France is kind of continuing that legacy of, ‘This is my sport. It’s a private business, we’ll run it how we want to.’"- he concluded.

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