23XI Racing and Front Row Motorsports will continue to race as Open teams for the balance of the 2025 NASCAR Cup Series season after Judge Kenneth D. Bell has denied their request for a preliminary injunction.
The two teams requested an injunction that would keep them "chartered" until the antitrust lawsuit trial begins on Dec. 1. They also made this request to prevent NASCAR from selling, leasing, or conveying the six charters they previously owned.
The judge issued his ruling on Wednesday, nearly one week after a contentious court hearing involving NASCAR, 23XI Racing, and Front Row Motorsports. Judge Bell noted during the hearing that he did not want to make a ruling that would create bias in the jury pool before trial. He accomplished this by only ruling on the likelihood of imminent irreparable harm.
MORE: Full ruling from Judge Bell
Judge Bell had multiple reasons why he saw an absence of immediate irreparable harm. The first is that the season is "on its proverbial last laps" and that trial is less than three months away. The second is that NASCAR updated its rules to ensure that all six cars will qualify for the remaining races this season.
The third reason is that NASCAR made a commitment that it will not sell or convey the former Stewart-Haas Racing charters. NASCAR will also refrain from selling, leasing, or conveying more than four additional charters until after trial. This leaves six charters available in case the two teams prevail at trial in December.
He noted in the ruling that these moves essentially preserve the "status quo."
"First, NASCAR has changed its 'Open' racing rules in a way that guarantees that Plaintiffs will be able to fully participate in each of the remaining Cup Series races. While noting that NASCAR's ability and willingness to make this 'rule change' during the season reflects its full, private control over which teams can race in the Cup Series, the result is that Plaintiffs will be able to race until the end of the season so they will suffer no harm in that regard," Judge Bell wrote.
"And, again, the loss of the 'fixed' Charter payouts and the uncertainty of ongoing relationships with drivers and sponsors can either be compensated with money damages at trial or is simply inherent in the risks associated with the lawsuit."
Judge Bell noted that any new charters issued by NASCAR before trial will be Nos. 37-40 in the eyes of the Court. If NASCAR prevails at trial, they will have the ability to resell or abandon the charters for the Nos. 4, 34, 38, 35, 23, and 45 so that it heads into 2026 with only 36 charters.
Jeffrey Kessler, lead attorney for the two teams, said during the hearing that 23XI Racing and Front Row Motorsports would not be able to continue as Open teams next season. Judge Bell addressed this by saying that the charter system could forever change pending the outcome of the trial. He reiterated this in Wednesday's ruling.
"The uncertainty about what the 2026 season will look like unfortunately exists not just for the Parties, but for the other teams, drivers, crews, sponsors, broadcasters and, most regrettably, the fans," he wrote.
Judge Bell added that the Court has the "broad authority to fashion appropriate permanent injunctive relief to rectify any conduct found to be unlawful, including with respect to the relationship between NASCAR and the Plaintiffs (as well as Charters more generally)."
With the injunction request denied, the teams and NASCAR will move forward with the rest of the Cup Series season as they prepare for trial. Two of the 23XI Racing drivers will continue to battle for the championship. Meanwhile, NASCAR will potentially issue a charter to a new owner after previously expressing its intent to do so in the coming weeks.