Drivers Council issues NASCAR antitrust lawsuit statement

“There is an expectation that the (Driver Ambassador Program) will be a part of the future charter structure and that the drivers, through the (Driver Advisory Council, will have their voice heard on important issues that impact the drivers.”

That is the most important line of a legal filing issued by the Driver Advisory Council in the form of an amicus brief included in the 23XI Racing and Front Row Motorsports v NASCAR antitrust lawsuit and countersuit.

An amicus brief is a legal document filed by an entity not involved in the case but otherwise has a strong interest in its outcome. The drivers who compete in the NASCAR Cup Series certainly fit that description.

Within the amicus brief, the Drivers Advisory Council wants to make it clear to both the Sanctioning Body and the two race teams that there are material interests they want preserved while the two sides discuss a settlement.

From the filing:

The drivers seek three overall objectives with any resolution of this case: (1) protect the long term interests for existing and future drivers in the sport; (2) provide a permanent and meaningful position for drivers collectively to have an independent voice on important issues in the sport; and (3) for all parties to act in the best interest of the fans to provide the best experience possible.

Keep in mind, this arrived as the two parties met in court for mediation, which prompted the amicus brief. The Drivers Advisory Council was formed in 2022 as a way for their interests to be heard in the same way that the Race Team Alliance advocated jointly for matters regarding team owners.

The Drivers Advisory Council, amongst other relationship advances with NASCAR, successfully codified into the charter agreement extension the Driver Ambassador Program that paid drivers bonus money for doing the most high-profile promotion of the Cup Series within the mainstream press.

In the filing, the DAC just wanted to make clear that it expected that program to continue, while also wanting both parties to not forget the importance of drivers to the sport as they mediated this week.

Also from the filing:

“The drivers are the stars of the sport. They put their health and safety at risk each weekend to pursue their passion and deliver a great product for the fans. The incredible finish at Talladega this past weekend underscores the point. Like other professional sports, the drivers are the ambassadors of stock car racing and have an independent interest and stake in the sport. The discussion about the future structure of NASCAR is not one with just NASCAR and the team owners at the table. The drivers are the critical third leg that enables the sport to be successful and exciting for the fans. The drivers should not become a bargaining chip between the owners and NASCAR but rather should serve as an independent group helping to promote the success and health of the sport. Ultimately, the drivers are uniquely positioned to bring new fans to the sport and with that effort, secure their own, independent position alongside NASCAR and the owners.”

NASCAR, 23XI and Front Row will continue settlement mediation in court on Wednesday ahead of a scheduled hearing on Thursday regarding a pair of summary judgement motions requested of both parties.

A summary judgement is a decision on the merits issued by the judge overseeing a case without a trial. This judge, Kenneth D. Bell, has also indicated he is quite unlikely to render a summary judgment verdict for either party as to not taint the jury pool in advance of a scheduled trial in December.

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– The Motorsport.com Team