Driver Advisory Council files brief over concerns about NASCAR lawsuit resolution

The Drivers Advisory Council filed a brief in federal court on Tuesday in the antitrust lawsuit against NASCAR that offers the position of the drivers as the future of the sport hangs in the balance.

The biggest issue, per the brief, is “The DAC is concerned that its drivers’ rights and interests may be materially impacted by any resolution in this case.”

A voluntary group, the Driver Advisory Council, was formed in 2022 to have a singular, organized voice for the drivers in collaboration with NASCAR. Among its work, the DAC negotiated the Driver Ambassador Program, implemented this season, which rewards drivers for promoting the sport. The program is tied into the charter agreement, “whose structure is being challenged in this lawsuit,” explains the brief.

23XI Racing and Front Row Motorsports filed a joint antitrust lawsuit against NASCAR on Oct. 2, 2024. They were the only two teams of 15 charter holders who did not sign the 2025 charter agreement when given a final deadline in September of 2024.

The parties are participating in a court-ordered judicial settlement conference on Tuesday, which prompted the DAC’s brief on the drivers’ interests. There is also a hearing scheduled for Thursday regarding summary judgment requests and motions to exclude witnesses. The trial date is scheduled for December 1.

“The drivers have always been the focal point for the fans,” the brief states. “To have any discussion or negotiation about the future of the sport without the drivers having an independent voice and being heard is unproductive. The DAC submits this amicus brief to provide the unique perspective and position of the drivers.”

With the resolution of the lawsuit the drivers are seeking three overall objectives: (1) protect the long-term interest for existing and future drivers in the sport; (2) provide a permanent and meaningful position for drivers collectively to have an independent voice on important issues in the sport; and (3) for all parties to act in the best interest for the fans to provide the best experience possible.

“The drivers seek to have a sport that is unified, healthy and protects the interests of all the parties involved while giving the fans the best experience possible,” the brief states.

“The reality is that the drivers in many ways share the concerns of the parties in this case, but in other ways have their own unique perspective and experiences. The drivers quite literally drive the popularity of the sport. While this case may concern NASCAR and defendant team owners fighting over the future of the sport and TV revenue, without the drivers and the fans there is no future for NASCAR.”