The antitrust lawsuit saga between NASCAR and 23XI Racing/Front Row Motorsports took an interesting twist on Wednesday when the teams filed previously unseen text messages from 2022 between NASCAR's President Steve O'Donnell (then COO) and Chief Racing Development Officer Ben Kennedy in court.
The exchanges show the executives conversing on high alert about the sport's survival and reveal the reasons behind the ongoing lawsuit.
They can be seen talking about financial and international portfolio threats, but what catches the eye the most is their fear about teams breaking away from them in a fashion similar to how the top players from the traditional and longstanding PGA Tour got attracted by the Saudi-backed LIV Golf.
O'Donnell writes, "Future of sport is on the line and we need to assume-unfortunately-that 30 of 36 drivers will leave us and all owners will leave us. If that was the case-what would we do? If we don't want that to be the case-what should we do, and what do we really think is fair? The PGA looks dumb right now."
"Equivalent would be if this happened to us, and in one week you held a press conference and said-we have added five international races and will award the teams 80% of the purse going forward ... Bottom line-my eyes were opened with the PGA and the teams. There is zero loyalty. We need to assume that nobody gives a s--- — they don't."
Included in the 23XI/FRM filing is a text from Steve O’Donnell and Ben Kennedy response on PGA-LIV Golf and anticipating a possible similar situation that NASCAR could face (I blacked out/covered up phone numbers): https://t.co/iji7tCAXJ2 pic.twitter.com/14Gb7Uj0nR
— Bob Pockrass (@bobpockrass) October 16, 2025
What he seemed most scared about was a potential situation in which drivers are lured away by a different series with large payouts. He further urged Kennedy to form a team of loyalists and figure out ways to tackle such an outcome and find the best way for NASCAR to thrive for the next 15 years.
Kennedy agreed with everything his colleague said and noted that they need to protect themselves from something like what happened to the PGA Tour. He suggested diversifying the income streams and not depending just on the TV broadcast revenue. His idea included international events, sports betting, future NFTs, and others.
"I think we all expect a huge increase in 2025, which is great, but with the media world moving at a rapid pace what does that or sports consumption in general look like in 2035? No one has the answers, but feels like we need someone constantly thinking about it," he added.
These messages show that the push for the charter system wasn't just about money but also about protecting the structure of the sport. They show that NASCAR views the charter system as a means to stop teams from leaving the body or creating a new series of their own. This development changes the course of the lawsuit once again.
23XI Racing and Front Row Motorsports show no signs of submitting ahead of the December 1 trial despite NASCAR's interest in reinitiating settlement talks.
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