23XI Racing and Front Row can compete in 2025 while suing NASCAR after clause removed from contracts

CHARLOTTE, N.C. (AP) — The two teams suing NASCAR over an antitrust complaint said Saturday they will compete in 2025 as “open teams” after the sanctioning body removed anticompetitive release claims that will allow them to race while the legal process continues.

23XI Racing, the team owned by NBA Hall of Famer Michael Jordan and three-time Daytona 500 winner Denny Hamlin, and Front Row Motorsports refused in September to sign take-it-or-leave it revenue sharing offers made by NASCAR just 48 hours before the start of the playoffs.

The teams have filed an antitrust suit alleging NASCAR is “monopolistic bullies” and were denied in federal court last week a request to be recognized as “chartered” teams as the suit continues. A charter is essentially a franchise and guarantees prize money, a spot in the field each week, and other protections.

Both teams insisted they'd compete as “open” teams, which would require them to show up each week and qualify their cars for every race. Open teams also do not receive the same benefits as chartered teams, including a fair cut from the financial purses.

After losing the injunction — which both teams are appealing — Hamlin reversed course and said it was “TBD” if 23XI would be at the season-opening Daytona 500 in February as an open team.

The options for 23XI and Front Row, which is owned by entrepreneur Bob Jenkins, were to either not race or risk a judge dismissing the lawsuit outright because of the claim teams can't sue the sanctioning body.

That language that prohibited NASCAR from being sued was removed in documents delivered to teams on Friday.

In a Saturday morning update from the attorney for the two teams, Jeffrey Kessler said NASCAR “has removed the anticompetitive release requirement in its open agreement" to allow 23XI and Front Row to operate as open teams. Both teams currently have two chartered cars and have purchase agreements with Stewart-Haas Racing for a third charter each.

Those sales have not closed and the existing four charters between 23XI and Front Row expire at the end of the year. Kessler has asked for an expedited December hearing on the appeal as the season begins in February.

Kessler said the teams will enter as “open” teams.

“My clients will continue their appeal to the 4th Circuit to issue an injunction so they can run as chartered teams therefore avoiding irreparable harm,” Kessler said. “Both race teams are pleased that they will continue to be a participant in this sport that they love while fighting to make it fair and just for all.”

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This story has been corrected to show NASCAR did not come to an agreement but removed a claim.

AP auto racing: https://apnews.com/hub/auto-racing

Michael Jordan, co-owner of 23XI Racing, watches during qualifying for a NASCAR Cup Series Championship auto race, Saturday, Nov. 9, 2024, in Avondale, Ariz. (AP Photo/John Locher)

FILE - Bob Jenkins, owner of Front Row Motorsports, and Michael Jordan, co-owner of 23XI Racing, pose before a NASCAR Cup Series auto race at Talladega Superspeedway, Oct. 6, 2024, in Talladega, Ala. (AP Photo/Butch Dill, File)

Michael Jordan, center, and Curtis Polk, left, co-owners of 23XI Racing, watch during qualifying beside 23XI Racing President Steve Lauletta, right, for a NASCAR Cup Series Championship auto race, Saturday, Nov. 9, 2024, in Avondale, Ariz. (AP Photo/John Locher)

LIBREVILLE, Gabon (AP) — Gabon is holding a referendum on Saturday on whether to adopt a new constitution, more than one year after mutinous soldiers overthrew the country's longtime president and seized power in the oil-rich Central African nation.

Nearly 1 million people are expected to vote. The draft constitution, which proposes sweeping changes that could prevent dynastic rule and transfer of power, needs more than 50% of the votes cast to be adopted.

In 2023, soldiers toppled President Ali Bongo Ondimba and put him under house arrest, accusing him of irresponsible governance and massive embezzlement that risked leading the country into chaos. The junta released Ondimba a week later on humanitarian grounds, allowing him to travel abroad for medical treatment.

The soldiers proclaimed their republican guard chief, Gen. Brice Clotaire Oligui Nguema, as president of a transitional committee to lead the country. Oligui is a cousin of Bongo.

Bongo, had served two terms since coming to power in 2009 after the death of his father, who ruled the country for 41 years. His rule was marked by widespread discontent with his reign. A coup attempt in 2019 failed.

The draft constitution imposes a seven-year term, renewable only once, instead of the current charter that allows for five-year terms renewable without limit. It also says family members cannot succeed a president and abolishes the position of prime minister.

The former French colony is a member of OPEC but its oil wealth is concentrated in the hands of a few — and nearly 40% of Gabonese aged 15 to 24 were out of work in 2020, according to the World Bank. Its oil export revenue was $6 billion in 2022, according to the U.S. Energy Information Administration.

The polls will close at 6 p.m. on Saturday. There is no legal deadline for when results should be announced.

A voter show his stamped electoral card after casting his ballot in a referendum on whether to adopt a new constitution in Libreville, Gabon, Saturday, Nov. 16, 2024. (AP Photo/Betines Makosso)

A woman votes in a referendum on whether to adopt a new constitution, in Libreville, Gabon, Saturday, Nov. 16, 2024. (AP Photo/Betines Makosso)

People line up to vote in a referendum on whether to adopt a new constitution, in Libreville, Gabon, Saturday, Nov. 16, 2024. (AP Photo/Betines Makosso)

People line up to vote in a referendum on whether to adopt a new constitution, in Libreville, Gabon, Saturday, Nov. 16, 2024. (AP Photo/Betines Makosso)

Gabon President Brice Clotaire Oligui Nguema speaks during a plenary session at the COP29 U.N. Climate Summit, Wednesday, Nov. 13, 2024, in Baku, Azerbaijan. (AP Photo/Sergei Grits)