“It is hoped that (the Driver Ambassador Program) will be a part of the future charter framework and that drivers, through the (Driver Advisory Council), will have their voices heard on important issues affecting drivers.”
This is the most important line of the legal filing issued by the Driver Advisory Council in the form of an amicus brief. 23XI Racing And Front Row Motorsports v nascar Antitrust lawsuit and counter-suit.
An amicus brief is a legal document filed by an entity that is not involved in the case but otherwise has a strong interest in its outcome. Drivers competing in the NASCAR Cup Series certainly fit that description.
Within the amicus brief, the Drivers’ Advisory Council seeks to make clear to both the sanctioning body and the two race teams that there are certain material interests they wish to protect while both parties discuss an agreement.
From the filing:
Drivers seek three overall objectives for any resolution of this matter: (1) To protect the long-term interests of current and future drivers in the sport; (2) To provide a permanent and meaningful position for drivers to collectively have an independent voice on important issues in the sport; And (3) All parties must act in the best interests of fans to provide the best possible experience.
Keep in mind, this happened when both parties met in court for mediation, giving the amicus brief. The Drivers’ Advisory Council was formed in 2022 to listen to their interests in the same way that the Race Team Alliance jointly advocates for matters related to team owners.
The Drivers’ Advisory Council, among other advancements in relations with NASCAR, successfully codified the Driver Ambassador Program into an extension of the charter agreement, which paid bonus amounts to drivers for producing the Cup Series’ most high-profile promotions within the mainstream press.
In the filing, DAC only wanted to make it clear that it hopes the program will continue, but it also wants both parties not to forget the importance of drivers in the sport as they mediated this week.
Also from the filing:
“The drivers are the stars of the sport. They risk their health and safety every weekend to pursue their passion and bring a great product to the fans. Last weekend’s incredible finish at Talladega underscores this. Like other professional sports, the drivers are ambassadors of stock car racing and have an independent interest and stake in the sport. The discussion about NASCAR’s future structure is just NASCAR. And not with team owners at the table. Drivers are the vital third step that enables the game to be successful and exciting for fans. Drivers should not become a bargaining chip between the owners and NASCAR, but rather serve as an independent group that helps promote the success and health of the sport. Ultimately, drivers are uniquely positioned to bring new fans to the sport and with that effort, NASCAR and secure their independent status with the owners.
NASCAR, 23XI and Front Row will continue settlement mediation in court on Wednesday ahead of a hearing scheduled for Thursday regarding a pair of summary judgment motions requested by both sides.
Summary judgment is a decision taken on the merits issued by the judge overseeing a case without a hearing. This judge, Kenneth D. Bell, has also indicated that he is unlikely to grant summary judgment for either side so as not to taint the jury pool before the trial scheduled in December.
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