The NBA legend Testifies He ‘Wasn’t Afraid’ of Nascar in Legal Battle
The basketball icon, as he cordially introduced himself in a Charlotte court on Friday, stated that his drive to win and novelty within the sport motivated his push for 23XI Racing to confront Nascar over perceived violations of competition laws.
Team Investment and a Competitive Drive
The owner disclosed financial and corporate details of his 23XI team, saying he put in $40m of his own funds into the Nascar Cup series team launched with business partner Curtis Polk and longtime driver Denny Hamlin.
“It fell to someone to act,” Jordan said in the Charlotte courtroom. “As a newcomer, I wasn’t afraid. I felt I could challenge Nascar as a whole. I felt as far as the sport it needed to be looked at from a different view.”
Central Issue: Franchise System and Renewal Demands
At issue is the end of a 2016 agreement where Nascar granted each team a “charter”. The concept is similar to other professional sports with independent franchises, like the NBA’s Hornets or the Carolina Panthers. The agreement was due to end in 2024 when Nascar demanded charter membership renewals.
Jordan testified for an hour and left the court to a media frenzy, with onlookers and reporters vying for a glimpse or a photo of the global icon.
Spearheading the Fight
23XI Racing is leading the full-court press along with another racing team for Nascar to change a operating model Jordan said is unlawful to keep two hands on the wheel.
At issue for Jordan and Heather Gibbs, who preceded Jordan, are details from September 2024. She recounted a frantic and emotional period where the sanctioning body informed teams they must sign a charter agreement extension. The document spanned 112 pages detailing team compensation and a guaranteed entry in Nascar-sponsored races.
A Refusal to Sign
Jordan explained that his team and its ally concluded their only feasible option was to refuse a signature that extensive document and litigate the matter. The other 13 organizations signed the agreement.
Jordan and co-owner Denny Hamlin reached out to Nascar about possible changes or extension options. Nascar wasn’t talking, according to his testimony.
The Ultimate Motivation: Winning
But in the end, the pushback against what he saw as a unsustainable system was driven by the usual bottom line for Jordan: Winning.
“Denny convinced me getting a third driver boosted our odds of winning,” he said, sharing that he bought a third charter late in 2024 for $28m despite the uncertainty. “So I dove in.”
Heather Gibbs’ Testimony
Heather Gibbs detailed her request for permanent charters, which she said a formal letter to Nascar. She testified the timing of the contract signing demand was problematic.
She said, Joe Gibbs first attempted to call and talk Nascar out of demanding signatures, but CEO Jim France refused the appeal.
“Please don’t force this on us,” Heather Gibbs said Joe Gibbs told Nascar’s leadership. The response was, “If I wake up and I have 20 charters, that’s what I have. If I have 30, I have 30.”