The basketball icon, as he cordially introduced himself in a Charlotte court on Friday, stated that his competitive side and status as a newcomer emboldened his push for 23XI Racing to “challenge” Nascar over perceived violations of competition laws.
The owner disclosed operational insights of his racing venture, saying he put in $40m of his own funds into the Nascar Cup series team co-founded with partner Polk and longtime driver Denny Hamlin.
“Someone had to step forward,” Jordan stated during testimony. “I was a new person, I wasn’t afraid. I felt I could challenge Nascar as a whole. From my perspective, the sport required examination through a new lens.”
The heart of the case involves the end of a 2016 agreement where Nascar provided each team a “charter”. This system mirrors other major leagues with separately owned franchises, like the NBA’s Hornets or the Carolina Panthers. The agreement was set to expire in 2024 when Nascar demanded teams renew their charters.
Jordan testified for about sixty minutes and left the court to pandemonium, with onlookers and reporters vying for a glimpse or a photo of the global icon.
23XI Racing is at the forefront of the push along with Front Row Motorsports for Nascar to overhaul a business model Jordan said is breaking the law to maintain excessive control.
For Jordan and and Heather Gibbs, who testified before Jordan, are events from September 2024. Gibbs described a frantic and emotional six hours where the racing circuit informed teams they must sign a charter agreement extension. The document consists of over a hundred pages outlining team compensation and a guaranteed spot in Nascar-sponsored races.
Jordan said that 23XI and Front Row Motorsports decided their sole viable path was to decline to sign that extensive document and litigate the matter. All other teams signed the agreement.
Jordan and co-owner Denny Hamlin reached out to Nascar about potential amendments or extension options. Nascar refused to engage, Jordan said.
Ultimately, the pushback against what he saw as a financially unsustainable model was mostly about the familiar goal for Jordan: Success.
“Hamlin persuaded me getting a third driver improved our chances to win,” he said, noting that he purchased another franchise late in 2024 for $28 million amid the legal dispute. “So I took the plunge.”
Heather Gibbs detailed her push for indefinite franchises, which she said a formal letter to Nascar. She testified the timing of the contract signing demand didn’t sit well.
She said, the team founder first attempted to call and talk Nascar out of forcing signatures, but CEO Jim France declined the request.
“Don’t do this to us,” Gibbs recounted Joe Gibbs told Nascar’s leadership. She said France replied, “If I wake up and I have 20 charters, I have 20. If there are 30, that’s the number.”
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