The NBA legend Tells Court He ‘Wasn’t Afraid’ of Nascar in Legal Battle
The basketball icon, introducing himself formally in a Charlotte court on Friday, admitted that his drive to win and status as a newcomer emboldened his push for 23XI Racing to “challenge” Nascar over perceived violations of antitrust rules.
Financial Stakes and a Will to Win
Jordan shared financial and corporate details of his 23XI team, saying he put in $40m of his own funds into the Nascar Cup series team co-founded with business partner Curtis Polk and driver Hamlin.
“It fell to someone to act,” Jordan said during testimony. “As a newcomer, I wasn’t afraid. I believed I could take on Nascar in its entirety. From my perspective, 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 provided each team a “charter”. This system mirrors other major leagues with separately owned franchises, such as the NBA’s Hornets or the Carolina Panthers. This deal was due to end in 2024 when Nascar insisted on charter membership renewals.
Jordan was on the witness stand for an hour and exited the courthouse to pandemonium, with onlookers and reporters vying for a glimpse or a picture of the sports legend.
Spearheading the Fight
Jordan’s 23XI is leading the full-court press along with another racing team for Nascar to change a business model Jordan said is unlawful to keep two hands on the wheel.
At issue for Jordan and Heather Gibbs, who preceded Jordan, are events from September 2024. She recounted a hectic and tense six hours where the racing circuit told teams they had to sign a charter agreement extension. The document spanned over a hundred pages detailing team compensation and a guaranteed spot in Nascar-sponsored races.
Choosing Litigation
Jordan explained that his team and its ally concluded their sole viable path was to decline to sign that extensive document and litigate the matter. The other 13 organizations agreed to the terms.
The team owners approached Nascar about possible changes or extension options. Nascar wasn’t talking, according to his testimony.
The Bottom Line: Victory
Ultimately, the resistance against what he saw as a financially unsustainable model was mostly about the familiar goal for Jordan: Success.
“Denny convinced me getting a third driver improved our chances to win,” he said, sharing that he bought a third charter late in 2024 for $28 million amid the legal dispute. “So I took the plunge.”
Heather Gibbs’ Testimony
Heather Gibbs detailed her request for permanent charters, submitted in a formal letter to Nascar. She said the pressure of the contract signing demand was problematic.
She said, Joe Gibbs first attempted to call and persuade Nascar against demanding signatures, but CEO Jim France refused the appeal.
“Please don’t force this on us,” Heather Gibbs said was the message to Nascar’s executives. She said France replied, “If I wake up and I have 20 charters, that’s what I have. If I have 30, I have 30.”