There is a lot of reading between the lines required in litigation but there is still a great deal of uncertainty surround the future of 23XI Racing and Front Row Motorsports for next season.
With the preliminary injunction ruling on Friday that denies the two teams charters during the course of their antitrust lawsuit against NASCAR, the organizations now must plan for a season in which their four cars race on open terms, subject to appeal.
However, doing so also would require them to sign the same release clause found in the charter agreements that prevents teams from bringing antitrust litigation against NASCAR.
That is why Denny Hamlin said on Friday that he isn’t sure if his teams will be present next year at the Clash or Daytona 500.
“I think it’s all TBD,” Hamlin said. “There’s certain things that we’re going to have to navigate so I hope so.”
But, there is more to it, because Hamlin and his ownership group at 23XI Racing comprised of Michael Jordan and Curtis Polk have told sponsors of their intent to race next season, no matter what. They also said during a press conference at the start of the legal process that they would race as open teams without a charter if it came to it.
That was used against them in court and the preceding legal filings this week so it’s no surprise that Hamlin would change his rhetoric in the face of failing to successfully show the judge irreparable financial harm over racing as an open team due to the potential of missing races, driver and sponsor opt-out clauses.
With that said, the current drivers at both teams do not seem to be concerned about next year.
“Yeah, that’s what I’ve been told,” Bubba Wallace said. “I’m not on social media anymore. So these updates are new news to me. I’ll keep showing up to race until I’m told otherwise.”
How about Todd Gilliland, who will pair with Noah Gragson next year at Front Row?
“It’s hard not to feel some kind of uncertainty, right,” Gilliland said. “From our team, and all that, the message has been the same, that we’re going to keep pushing forward so just keep doing your job. That’s what I’ve been trying to do. With Michael (McDowell) leaving, I want to do a better job of keeping my shop guys motivated.”
What about the third charters both teams have agree to purchase in principle from the shuttering Stewart-Haas Racing? That’s the biggest open question, literally. If both teams are going to run as open, assuming the get injunctive relief from the antitrust release clause, are both organizations willing to run three open cars apiece?
That’s still an unknown as is if NASCAR would even approve the transaction to 23XI and Front Row in the first place, leaving the drivers most attached to rumors to drive those cars, Riley Herbst and Chandler Smith/Zane Smith, completely in limbo as well.
NASCAR president Steve Phelps did not have answer when asked about it on Friday either.
I don’t know what’s going to happen with the Stewart-Haas charters,” Phelps said. “It would be speculating.”
It has been mentioned in the legal filings that 23XI and Front Row intend to buy each of those two charters and SHR president Joe Custer has said the new Haas Factory team doesn’t anticipate having to field them.
NASCAR has stated its intent to contest next season with 32 charters but that doesn’t include the two that are in limbo.
Phelps?
“I have no idea what’s happening there, so do we know about Justin Marks, he has signaled that he is going to purchase one of those,” Phelps said. “The answer is yes. Nothing else has been done, so everything else is going to be hearsay. So, I have no comment on it.”
In other words, 23XI and Front Row have yet to signal to NASCAR a request to approve a charter transfer transaction so Phelps can’t speak to the hypothetical of if the league would.
Also, beyond ruling against the preliminary injunction, the judge did expedite discovery, the opening of key documents, and fast tracking the case, which by itself means the judge did not discount there being a case on the merits.
Hamlin expressed satisfaction with that.
“The first part is, we’re obviously pleased with the ruling that the judge sees merits in the case,” Hamlin said. “He’s going to move forward to expedite it and expedite the discovery side of it, which is a reverse from what he had before. Obviously, judging on it without prejudice and obviously giving us an opportunity to refile once the situation changes because he knows that things will change over the next few months. Obviously, he understands the complexity of it and obviously understands that this situation is fluid, and we obviously could see some pretty bad harm coming up.”
Matt Weaver is a Motorsports Insider for Sportsnaut. Follow him on Twitter.