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Dale Earnhardt Jr. Sends Warning During NASCAR's Big Lawsuit

Originally posted on The Spun | By Tzvi Machlin | Last updated Dec 10, 2025 6:15 PM ET

The ongoing lawsuit between Michael Jordan's 23XI Racing Team and NASCAR has exposed some pretty uncomfortable truths about the NASCAR business model. While former racing champion Dale Earnhardt Jr. does not have a dog in the fight per se, he does believe that the two sides need to be careful about where they take the battle.

On Tuesday's episode of his Dale Jr. Download podcast, Earnhardt expressed concern that 23XI Racing and Front Row Motorsports may be seeking to force NASCAR to sell its racetracks. He pointed out that it would be a very bad idea.

“There’s been a point made about NASCAR owning the racetracks. I don’t know that 23XI wants NASCAR to sell their tracks. I’m hoping that’s not really what they’re asking,” Earnhardt said. “I think they’re using that against NASCAR because NASCAR did tell some other people like Marcus Smith and so forth, ‘You’re gonna have to sign an exclusivity deal because we don’t want anyone else running a race before we come into town.’

“That’s not unusual in any other sports and arenas and so forth. But I think there’s been something made about NASCAR owning the racetracks and the way they’ve restricted use of those facilities is helping the argument of 23XI.”

A Warning

Earnhardt advised that 23XI Racing and Front Row Motorsports "be careful what you wish for," in the event they're looking to compel NASCAR to sell its racetracks. He pointed out that there are no major efforts to build racetracks these days and that if NASCAR doesn't own the tracks, they'll be taken out of their hands and potentially torn down for more lucrative projects.

“It’s kind of got to be a be careful what you wish for kind of thing because No. 1, no one’s building racetracks. Building a racetrack today is not a financial success. Running a racetrack today is not a lucrative operation,” Earnhardt said. “No one is clamoring to go out there and build any type of racetrack, big or small. … No one’s in the business of owning racetracks. Nobody’s gonna be standing on the steps waiting for those tracks to go to the highest bidder.

HOMESTEAD, FLORIDA - OCTOBER 27: Michael Jordan, NBA Hall of Famer and co-owner of 23XI Racing walks the grid prior to the NASCAR Cup Series Straight Talk Wireless 400 at Homestead-Miami Speedway on October 27, 2024 in Homestead, Florida. (Photo by James Gilbert/Getty Images)James Gilbert/Getty Images

“If NASCAR and Marcus don’t own these racetracks, who does? They’re gonna turn into development, they’re gonna be turned into Amazon centers — they won’t be racetracks. What will happen is in 10 years, we’ll be racing on a bunch of street courses and road courses, no sh*t. So, everybody kind of be careful around that because as unique as it is, we need NASCAR to own the tracks they own because it’s really a lost or dying sort of business model.”

It's a valid concern - but only if 23XI and FRM are really keen on getting NASCAR to sell its tracks outright and not just use the idea as leverage in reaching a suitable settlement.

This article first appeared on The Spun and was syndicated with permission.

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