Race Teams Charted Bold Independent Racing Futures Beyond NASCAR's Reach, Unsealed Documents Reveal

Unsealed court documents, integral to the ongoing antitrust lawsuit filed by 23XI Racing and Front Row Motorsports against NASCAR, have illuminated a significant period of strategic exploration by the Race Team Alliance (RTA) during 2022 and 2023. These revelations detail a concerted effort by the RTA to conceptualize and potentially launch independent exhibition racing events, utilizing Cup Series drivers, in unconventional global and domestic locales. The initiative, driven by a desire to enhance team leverage and explore new revenue streams, saw discussions encompassing ambitious proposals such as racing in the Sultanate of Oman, Mexico City, New Orleans, downtown Nashville, and even the iconic Churchill Downs racetrack.

The RTA, an organization representing the collective business interests of Cup Series teams, engaged in these discussions amidst complex negotiations with NASCAR regarding the extension of team charters. The unsealed communications, comprising emails and internal documents, underscore a dual strategy: to maximize the value of their intellectual property (IP) while simultaneously seeking more favorable terms from the sport’s governing body.

Jonathan Marshall, the executive director of the RTA, articulated the underlying sentiment driving these explorations in an email exchange with key RTA figures. "The world is ready for Stockcar racing," he stated, reflecting an ambition to expand the sport’s footprint beyond its traditional markets and formats.

The context of these explorations is crucial. The RTA was actively involved in charter extension negotiations, a process that often involves intricate power dynamics between teams and NASCAR. By considering independent ventures, the teams aimed to demonstrate their capacity for independent operation and revenue generation, thereby bolstering their negotiating position.

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Key individuals involved in these discussions included RTA founder Rob Kaufman, Trackhouse co-owner Justin Marks, and RFK Racing president Steve Newmark. Marshall directly posed a critical question regarding the strategic implications of these independent ventures: "What is everyone’s take on whether we gain leverage by doing this still? If there are productive conversations happening with NASCAR, does pursuing this still make sense to the (Team Negotiating Committee)?"

Rob Kaufman, a vocal proponent of the independent racing concept, expressed a strong conviction that such initiatives were not merely a negotiating tactic but a necessary strategic move. He articulated his perspective in a series of candid communications: "Guys, my 2cts…Are we serious or not? Justin (Marks) is 100% spot on. We think that merely ‘feigning’ a move will get Uncle Jim (France) to change the deal, we are kidding ourselves. I have spoken to 5 of the senior NASCAR team principals in the past week and they all say one thing — they not budge unless they feel they have to concede something material to save the TV deal. NASCAR believes the teams will fold."

Kaufman further emphasized the potential of these independent races: "Regardless of the position of NASCAR, I strongly believe the Teams SHOULD do an exhibition race. We negotiated hard to get this right, and it is 100% within the current charters. … This is doable. Even if things were going right on the Daytona discussions, it’s a vert strong brand building item, as well as it should make money. Lots of potential if done right. Don’t squander this opportunity." His impassioned plea concluded with a pointed question: "are we playing to win, or just playing?"

The proposed independent series envisioned a variety of formats and operational models. Among those contributing to these discussions were Brett Frood, former president of Stewart-Haas Racing; Ray Evernham, former co-owner of the Superstar Racing Experience (SRX); and Steve Lauletta, president of 23XI Racing, alongside Justin Marks in his capacity with Trackhouse Entertainment Group.

Justin Marks, a proponent of leveraging existing racing series, suggested utilizing Trans-Am Series TA2 cars for an exhibition in Oman. His vision extended to leaving the car inventory in the Sultanate, thereby fostering a local racing culture after the departure of Cup Series drivers. This approach aimed to create a sustainable ecosystem rather than a one-off event.

The RTA also explored the feasibility of using Late Model stock cars or a proprietary car specifically designed and manufactured by the alliance. The TA2 car, described as a road-racing Super Late Model in its fundamental geometry, presented a readily available platform. The concept of a proprietary car was particularly appealing, as it would allow the RTA to retain full ownership of the intellectual property. This ownership would provide a foundation for future growth, replication in other regions, or the establishment of a new business venture.

Ray Evernham provided a detailed outlook on the potential costs and logistical requirements for developing a proprietary car. He estimated the cost of designing and building a prototype to be between $350,000 and $450,000, with subsequent mass production to follow. Evernham had developed a comprehensive plan to establish a racing series in Oman within a 12-to-16-month timeframe, mirroring the operational blueprint of the SRX series. This plan involved contracting with chassis builders, assembling and maintaining cars with a dedicated team, and providing training to local Omani participants. Evernham stressed the importance of delivering a "quality product that would look and sound like a professional race car."

The proposed racing venues in Oman were also diverse. Two primary options were identified in the capital city of Muscat: street circuits, drawing parallels to the renowned Monaco Grand Prix, and the Sultan Qaboos Stadium, conceptualized as a venue similar to the Los Angeles Memorial Coliseum, which hosted a NASCAR street race.

Steve Lauletta, when questioned by Marshall about replicating the logistical success of the Coliseum event, expressed skepticism regarding NASCAR’s willingness to share proprietary information. "You are 100% correct in that we will get zero information from NASCAR about the Clash," Lauletta stated. "I think we need to find other options with my first thought being the people that run Race of Champions or other temporary circuits."

Whether viewed as a strategic leverage play or a genuine endeavor to establish an international racing series, the RTA’s initiatives were met with serious consideration. Evernham, in particular, approached the project with meticulous planning, focusing on car design, track layout, and potential points systems. His vision for the RTA or a designated ownership company was to retain all rights to the IP, creating a revenue stream through the sale of replacement parts and cars, and potentially establishing a franchise system for expansion.

Evernham highlighted the need for a site visit to Oman to conduct a thorough cultural survey and refine the proposal, emphasizing that the plan was intended as a "thought starter for the team." Justin Marks confirmed discussions with the Omani Minister of Sport & Youth regarding financial projections for an exhibition race featuring Cup Series stars.

The logistics of transporting racing equipment were also considered. Marks inquired about the feasibility of estimating the preparation costs for 20 Gen-6 cars and their support infrastructure for air transport to the Middle East, indicating a tangible step towards realizing the Omani exhibition concept. The prospect of 20 Gen-6 cars forming the basis of a Middle Eastern Stock Car Series was thus on the table.

Beyond the Middle East, the RTA explored four distinct geographic concepts for its independent exhibition series. Justin Marks led the charge on discussions with Nashville and Oman, which Marshall identified as "the two most promising at this point." Additionally, the Wasserman Group was engaged in exploring opportunities in Mexico City and at Churchill Downs.

NASCAR, reportedly aware of the RTA’s independent racing explorations, took action by withdrawing editorial support for the Snowball Derby in December 2022. The Snowball Derby, a prestigious grassroots Super Late Model event, subsequently found its broadcast home on Racing America, the RTA’s own media platform. This incident underscores the palpable tension and strategic maneuvering occurring between NASCAR and the team owners during this period.