CHARLOTTE, N.C. (AP) The bitter fight between NASCAR and two of its teams who have filed a federal antitrust lawsuit against the stock-racing giant spilled into public view Thursday during an acrimonious hearing that included the disclosure of expletive-laden emails and text messages from team owner Michael Jordan and other high-profile litigants.
In one exchange, the retired NBA Hall of Famer and co-owner of the 23XI Racing Team used disparaging language about Joe Gibbs Racing and the 13 other teams that signed NASCARs new charter agreements last September.
Teams are going to regret not joining us, Jordan wrote in a text message to Curtis Polk, his business manager who, along with Jordan and three-time Daytona 500 winner Denny Hamlin own 23XI Racing.
That organization and Front Row Motorsports were the only two that refused to sign extension agreements on charter agreements, the equivalent of franchises in other sports. The two teams then sued NASCAR, accusing it of being a bully and monopoly in a brawl that has played out all year and prompted both teams to say they risk going out of business if the series sells their charters out from under them.
Nothing, however, has been as explosive as the details that came to light for the first time Thursday as documents related to discovery were disclosed.
NASCAR is privately owned by the Florida-based France family, with founder Bill France Sr.s son, Jim, the current chairman. His granddaughter, Lesa France Kennedy, is the executive vice chair and was in court for the first time since the case began.
Steve Lauletta, the president of 23XI, at one point wrote Jim dying is probably the answer to teams getting better terms on a charter agreement while Hamlin said my despise for the France family runs deep... (but) please lets not sabotage our own business.
In a partially redacted text conversation between Jordan and Polk, presumably about the price of charters, Jordan wrote that Im not selling even if they were for sale (redacted). What would we do? Polk replies This is just a hobby!!! and Jordan responds Only can play but so much golf.
In a second exchange, Jordan discusses with Polk the cost of signing a driver whose name is redacted.
I have lost that in a casino. Lets do it, Jordan replied.
NASCAR had its own expletive-laden email exchange among top executives disclosed. Commissioner Steve Phelps in one email wrote that talks had not been productive and pushed for zero wins for the teams and in another message wrote we are (expletive) moving forward.
Steve ODonnell, the president of NASCAR, was even harsher when he wrote the model should return to 1996 terms: (Expletive) the teams, dictatorship, motorsports, rednecks, he wrote.
Jeffrey Kessler, the attorney for 23XI and Front Row, contended that the NASCAR exchanges as well as contingency plans on how NASCAR could prevent rival competition prove NASCAR is monopolizing the stock car racing market.
NASCAR has maintained in legal filings that 23XI and Front Row relinquished any rights they have to six combined charters when they refused to sign the extensions last September. The teams started the season recognized as chartered, which guarantees 36 chartered teams entry into the 40-car field each week. Chartered teams also receive a substantially higher percentage of payouts.
The order that recognized the six cars as chartered has been overturned and they are currently competing as open teams. 23XI Racing driver Tyler Reddick has a clause in his contract that says he can leave if his car is not chartered; Kessler indicated that Reddick and sponsors have given notice that 23XI is in breach.
U.S. District Judge Kenneth Bell warned during the hearing that NASCARs charter system is at stake, depending on the outcome of the case. The arguments before Bell were focused on the teams urgent request to restore their status as chartered teams through the end of the season ahead of a trial scheduled for Dec. 1.
NASCAR has indicated it plans to immediately begin selling off the charters. Bell asked NASCARs attorney that if there is indeed such an eager buyer, why couldnt the series sell one of the four open slots and then figure out how to address it once the case is settled. NASCAR has maintained that it cant be forced to do business with teams it does not want to work with.
The judge said he would rule on the request next week after the first playoff race of the season. Reddick and Bubba Wallace are in the playoff field for 23IX and so is Hamlin, who drives for JGR.
Outside court, Jordan said he has been open to a settlement but is willing to see the case go to trial. Kessler warned if 23XI and Front Row do not receive their charters back they will go out of business in 2026.
Look, Ive been a fan of the game for a long period of time, Jordan said. When we first started this whole process Ive always said I want to fight for the betterment of the sport. Even though they tried to point out that weve made some money, we had a successful business. Thats not the point. The point is that the sport itself needs to continually change for the fans as well as for the teams.
As well as as for NASCAR, too, if they understand that, Jordan said. I feel like we made a good statement today about that and I look forward to going down with fire. If I have to fight this to the end, for the betterment of the sport, I will do that.
___ AP auto racing:
美联社北卡罗来纳州夏洛特电 —— 美国纳斯卡赛车协会(NASCAR)与旗下两支车队之间的激烈斗争于周四在一次火药味十足的听证会上公之于众。这两支车队已对该赛车巨头提起联邦反垄断诉讼,听证会上披露了车队老板迈克尔·乔丹(Michael Jordan)及其他知名原告充满粗俗用语的电子邮件和短信内容。
在一次对话中,这位退役的NBA名人堂成员、23XI赛车队联合老板对乔·吉布斯赛车队及其他13支去年9月签署NASCAR新特许协议的车队使用了贬损性言辞。
迈克尔·乔丹在发给其商业经理柯蒂斯·波尔克的短信中写道:“那些拒绝加入我们的车队会后悔的。”波尔克与乔丹、三届戴通纳500冠军得主丹尼·哈姆林共同拥有23XI Racing车队。
该组织与弗龙特罗竞技(Front Row Motorsports)是仅有的两家拒绝签署特许协议续约条款的车队,此类协议在其他体育项目中相当于特许经营权。随后两支车队起诉纳斯卡(NASCAR),指控其存在霸凌和垄断行为。这场争端已持续整年,并迫使两支车队公开表示:若赛事方擅自出售其特许经营权,他们将面临倒闭风险。
然而,最令人震惊的莫过于周四首次曝光的细节——随着与案件发现相关的文件被披露,这些细节引发了轩然大波。
NASCAR由总部位于佛罗里达州的弗朗斯家族私人持有,其创始人是老比尔·弗朗斯,现任主席是他的儿子吉姆·弗朗斯。其孙女莱萨·弗朗斯·肯尼迪担任执行副主席,并在案件开始后首次出庭。
23XI车队总裁史蒂夫·劳莱塔(Steve Lauletta)曾写道:“吉姆去世或许是车队在特许协议中获得更优条款的答案。”而哈姆林(Hamlin)则表示:“我对弗朗斯家族的厌恶根深蒂固……(但)请不要破坏我们自己的事业。”
在一段经过部分编辑的乔丹(Jordan)与波尔克(Polk)之间的文字对话中(推测内容与包机价格有关),乔丹写道:"即便它们挂牌出售(此处编辑),我也不会卖。我们能怎么办?" 波尔克回复道:"这不过是个爱好!!!" 乔丹则回应说:"高尔夫球也不能打太多啊。"
在第二次交流中,乔丹与波尔克讨论了签下一名姓名被隐去的车手所需的费用。
“我在赌场输过这笔钱。干吧。”乔丹答道。
美国纳斯卡赛车协会(NASCAR)高层管理人员之间充满粗口的邮件往来被曝光。专员史蒂夫·费尔普斯在一封邮件中写道,谈判未取得成果,并坚持要求“车队零收益”;在另一条信息中,他写道“我们(粗口)正在推进”。
NASCAR主席史蒂夫·奥唐纳(Steve O'Donnell)言辞更为激烈,他在文中写道这一模式应回归1996年的条款:“(脏话)车队、独裁、赛车运动、乡巴佬。”
23XI车队和Front Row车队的代理律师杰弗里·凯斯勒(Jeffrey Kessler)提出,NASCAR的内部交流文件及其制定的防止竞争对手参赛的应急预案,均证明该组织正在垄断改装赛车市场。
美国纳斯卡赛车协会(NASCAR)在法律文件中坚称,23XI车队和前沿车队去年9月拒绝签署续约协议时,已自动放弃其共有的六张特许经营权。尽管这两支车队本赛季仍以特许车队身份参赛(每周可确保36支特许车队进入40辆赛车的参赛阵容),但特许车队原本能获得的分成比例要显著高于普通车队。
此前认定六辆赛车为特许车辆的裁决已被推翻,这些车队目前正以“开放”车队身份参赛。23XI车队车手泰勒·雷迪克(Tyler Reddick)的合同中有一项条款规定:若其赛车未获特许资格即可解约。凯斯勒(Kessler)透露,雷迪克与赞助商已发出通知,称23XI车队存在违约行为。
美国地区法官肯尼思·贝尔(Kenneth Bell)在听证会上警告称,NASCAR的特许经营权制度正面临风险,其结果将取决于本案的判决。贝尔法官审理的焦点在于各车队提出的紧急请求——要求在12月1日庭审前恢复其本赛季剩余时间的特许车队资格。
美国纳斯卡车赛(NASCAR)表示计划立即开始出售特许经营权。贝尔向纳斯卡的律师提出质疑:若确实存在如此迫切的买家,为何不先出售四个空缺席位中的一个,待案件解决后再处理后续事宜?纳斯卡坚称其有权拒绝与不愿合作的车队进行强制交易。
法官表示,他将在本赛季首场季后赛结束后于下周对此请求作出裁决。效力于23IX车队的瑞迪克与布巴·华莱士(Bubba Wallace)已晋级季后赛,同样入围的还有为JGR车队效力的哈姆林(Denny Hamlin)。
在法庭外,乔丹表示他愿意接受和解,但也准备将案件诉诸审判。凯斯勒警告称,如果23XI和Front Row车队无法收回其特许经营权,他们将在2026年停止运营。
“听着,我热爱这项运动已经很久了,”乔丹说道,“从我们最初启动整个计划时,我就一直强调要为推动这项运动的发展而奋斗。尽管有人试图指出我们赚了钱、生意很成功,但这并非重点。关键在于这项运动本身需要为球迷和球队不断革新。”
乔丹表示:"纳斯卡赛车(NASCAR)同样如此,如果他们能明白这一点。我认为我们今天就此发表了强有力的声明,我期待以激情投入其中。若有必要为这项运动的进步抗争到底,我义不容辞。"
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