Skip to main content
Join Now
NASCAR Logo

23XI, FRM attorney Jeffrey Kessler sounds off on court siding with NASCAR, loss of charter status

Brian Jones Profile Picby:Brian Jones•07/17/25•

brianjones_93

NASCAR
Michael C. Johnson-Imagn Images

Jeffrey Kessler, the attorney for 23XI Racing and Front Row Motorsports (FRM), shared his reaction to the denial of the restraining order that prevents them from being open teams. In a statement, Kessler said that they are not happy with the ruling, but the drivers will be focused on the next two races.

“We are disappointed that the court declined 23XI and Front Row Motorsports a temporary restraining order to allow teams to continue racing as chartered teams, Kessler said. “We remain confident that our motion for a preliminary injunction is legally warranted and necessary, and we look forward to the court’s full review.

“The court made it clear it is only denying the temporary restraining order because NASCAR has agreed to preserve our charters until the preliminary injunction can be decided and because we are assured of qualifying all our cars the next two weeks so that there will be no irreparable harm before the preliminary injunction can be fully briefed and ruled upon.”

Will 23XI and FRM be open teams for the rest of the year?

Kessler continued, “We made the decision to bring this lawsuit to challenge NASCAR’s monopolistic practices and bullying tactics, and we are not going to let them push our teams – or others – out of the sport they love. We are confident in the merits of our case and the teams remain focused on competing this weekend and continuing their playoff push.”

23XI and FRM will compete as open teams from the races at Dover and Indianapolis. The teams have three cars with chartered status, but that expired on Thursday after the U.S. Court of Appeals reversed the injunction.

Per Bob Pockrass of Fox Sports, 23XI and FRM are seeking another injunction to remain chartered through the end of the 2025 season and could get that injunction in two weeks. A charter guarantees a spot in a NASCAR Cup Series race and receives more money than an open entry. There are normally 36 chartered teams, but there will be 30 for Dover and Indy since 23XI and FRM have lost their charters. There are fewer than 40 cars entered for the next two races, meaning the cars from 23XI and FRM should be able to compete.