It could very well be called NASCAR’s “Gettyburg Address” during the war between NASCAR and 23XI/Front Row Motorsports before it’s all over with and the smoke clears.
A letter by veteran team owner Joe Gibbs has been made public in which NASCAR asked the former NFL coach and championship-winning car owner to provide a declaration letter to the courts ahead of the trial that is scheduled to begin Dec. 1.
The letter is very upfront about what Gibbs has seen, what he is watching and what will happen if this lawsuit makes it to trial. The end results if the trial is not averted could very well alter the racing landscape as we know it, forever.
Gibbs openly discussed his relationship with both sides of the lawsuit, the charter system and how the negotiations went leading to the new agreement.
Here is the letter:
“My name is Joe Gibbs and I am an owner and the founder of Joe Gibbs Racing (“JGR”),”
“I founded JGR in 1991 when my first stint as Head Coach of the Washington Redskins in the NFL was coming to an end. JGR has been fortunate to have success racing in the NASCAR Cup Series and also the NASCAR Xfinity Series. JGR drivers have won five Cup Series championships and four Xfinity Series championships.”
“Jim France and Steve Phelps asked me to provide a Declaration in this matter. I am doing so, though with great reservation. JGR and I are in an incredibly difficult position.”
“One the one hand, I have had a close important relationship with the France family for decades, and consider Jim France a personal friend. Jim and I have had numerous talks about our families and how important NASCAR is to their future.”
“At the same time, this lawsuit involves some of our very important partners: Toyota, alliance partners and our driver Denny Hamlin. These relationships are some of JGR’s most important business relationships. Therefore, the outcome of this lawsuit is very important for JGR and my family.”
“The most important thing to me is that this lawsuit is resolved amicably, quickly and in a manner that preserves the Charter system and the long-term viability of our incredible sport. That must happen to ensure the health, happiness and prosperity of our many hundreds of employees and their families. Nothing matters more to me.”
“I have respect for the time, effort and money the France Family has put into making NASCAR what it is today. NASCAR has also been willing to evolve as the Motorsports and sports and entertainment landscape has changed, particularly over the past 20 years.”
“NASCAR and the teams ultimately agreed to the system now known as the Charter agreement, which went into effect for the 2026 Cup Series season. I think that the Charter system has created equity value, though it is imperative that the equity value become permanent.”
“I have repeatedly expressed my strong desire for the Charter system to become permanent in nature, and I continue to hold out hope that will one day be the case. Doing so would, in my view, solidify the financial health and well-being of the Cup teams and the sport as a whole. The Charter system also delivered guaranteed entry into Cup Series races for Charter holders.”
“The 2016 Charter was set to expire at the end of 2024. The negotiations over the new Charter, the 2025 Charter, were long and difficult, lasting over 2 years. JGR ultimately agreed to sign the 2025 Charter Agreement. Had we not, JGR would have put at risk its four Charters, which in turn, would have put at risk the organization as a whole, and the employees and families that rely on us.”
The team owner added, “I am hopeful that the 2025 Charter and the efforts of NASCAR, the teams, the tracks and our sport’s media partners will deliver continued success for all of the stakeholders necessary to put on exciting races that our fans love.”
“I am presenting this declaration voluntarily and of my own free will. I have made it clear to both sides in this lawsuit that I do not want to be a witness and that I think it’s important for this to be resolved before any real damage is done to the sport.”
In a quote from the NASCAR filing entered on Oct. 3:
“Neither greed, nor an individual’s bruised ego over his inability to deliver on some promises he made to other Teams, justifies trying to destroy an institution that countless people, including the France family, tracks, Team owners, and drivers have spent decades developing and growing.”
The quote, along with many others, are a part of a NASCAR filing full of many similar quotes and statements asking a federal judge to issue summary judgement against 23XI Racing and Front Row Motorsports over their antitrust lawsuit against the sanctioning body.
“Plaintiffs’ case should come to an end (as the garage wants) so that the focus can return to exciting racing on the track for the remainder of 2025 and planning can begin for a pivotal 2026 season.”
That line is important too because much of what NASCAR filed on Friday night are newly written statements from team owners that includes Richard Childress, Joe Gibbs, Rick Hendrick, Brad Keselowski, Carl Long, BJ McLeod, Roger Penske, Gordon Smith, Rick Ware, Cal Wells and Jon Wood.
The general consensus from each team owner is that they want the charter system to continue, and that the legal dispute brings uncertainty to their investment, and that they hope to eventually have charter permanency because the system has been a positive.
In one way, this Joe Gibbs letter sends “Abraham Lincoln vibes” down my spine. Just in the same way that Lincoln tried to preserve the unity of a war-torn country, Gibbs and the other car owners are pleading to the parties to come to the table and talk this out before the end of the 2025 season and the beginning of the 2026 season and preserve the unity of the sport of NASCAR before it is too late and irrevocably broken.
The trial in the antitrust lawsuit is set to begin on Dec. 1.
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