Saturday, December 21

In “The Last Dance,” ESPN’s documentary on the 1997-98 Chicago Bulls, Michael Jordan never actually said “And I took that personally.” That line is the stuff of memes, but Jordan did not utter it.

What Jordan really said was this: “It became personal with me.” Maybe it’s a small difference, but the actual quote packs more of a punch.

Read it again: “It became personal with me.” Instead of merely saying I’m offended by that, the context translates more to You’ve crossed into different territory now. You’ve awoken something inside of me.

As even the most casual of sports fans know, that’s pretty scary when it comes to Michael Jordan — a man who would rather get a root canal every day for the rest of his life than lose at anything. And if someone thinks they can make Jordan look like a fool while beating him? Buckle up.

Somewhere, hidden between the lines of a 46-page antitrust lawsuit filed Wednesday in federal court, that message was sent loud and clear. Less than a month ago, it appeared NASCAR essentially won its lengthy charter battle with race teams by convincing 13 of the 15 owners to sign new agreements. Jim France, the 79-year-old chairman and CEO of NASCAR and a member of its founding family, had seemed to succeed with his old-school approach after many were initially skeptical of his methods.

The owners raised a fuss for more than two years and complained about the terms of the deal, upset at how NASCAR used a divide-and-conquer strategy instead of dealing with them as a group. But ultimately, France held firm and used NASCAR’s weight to strong-arm the teams. When a final deadline was given, almost all of them got in line and signed.

Jordan’s 23XI Racing, along with Front Row Motorsports, suddenly found themselves isolated. The powerhouse team owners like Rick Hendrick and Roger Penske left the holdouts to fend for themselves, and they seemingly had no leverage to do anything about it.

Jordan’s team stood to be the biggest losers after making the most noise, all while looking silly in the process of accomplishing nothing.

“Do they really think they’re going to get a better deal by dragging this out?” one team executive scoffed.

Is it possible that somehow, with all that is known about Jordan, he was still underestimated? If so, that seems like a grave miscalculation. Regardless of the lawsuit’s outcome, NASCAR has a serious case on its hands, brought by the same attorney — Jeffrey Kessler — responsible for changing the landscape in other major professional sports (as well as college athletics).

As of now, it seems hard to believe this situation could actually be decided by the courts. NASCAR and France would have to completely open their books, exposing financial records to the public that provide a first-of-their-kind peek behind the curtain of how the money really flows through big-league stock car racing. After all, it’s more likely NASCAR and the teams would settle, perhaps addressing some of the key items that were rejected or ignored during the negotiations (or lack thereof, if you ask the owners).

Either way, the suit threatens NASCAR’s virtual undefeated streak in matters like these. NASCAR has always prevailed when challenged, with the France family’s ability to retain power and control passed down and practiced over multiple generations. It has given the aura that taking on NASCAR in any significant way will always end poorly, and that’s been largely accepted by those in the garage as the cost of doing business.

Michael Jordan

Michael Jordan looks on during qualifying at Nashville Superspeedway in June 2023. His 23XI Racing is in its fourth season in the Cup Series. (Logan Riely / Getty Images)

It’s entirely possible that could happen again now, with NASCAR emerging unscathed. Perhaps the courts won’t agree with 23XI and Front Row, and maybe there’s no pathway to a reasonable settlement other than a few minor concessions that allow both sides to declare victory and move on. Perhaps it’s enough just to increase transparency on both sides; while we don’t know the closely held details of NASCAR’s finances, we also haven’t seen the teams’ books (aside from their constant claims of losing money or barely breaking even).

Both parties should show where the money is going, and that might help the sport more than anything. Is it really that the France family is greedy and keeping most of the revenue for themselves? Or are some teams crying poor while actually generating plenty of money? Until that transparency comes to fruition, it’s unlikely both sides will ever truly get on the same page.

This suit could be the catalyst. The longer this goes on, the greater the chance this legal action delivers significant, unprecedented change to NASCAR. And Jordan is not likely to settle for anything less.

“We can’t give you a specific, ‘This will do it.’ There must be significant change,” said Kessler, the attorney. “No one is bringing this type of fight, this type of lawsuit, to move from a (Grade) D-plus deal to a D deal. That is not going to happen.”

And make no mistake: Even though 23XI co-owner Denny Hamlin and Front Row’s Bob Jenkins are fully on board, it’s unlikely all of this would have happened without Jordan.

If Hamlin were on his own, could he really stare down the prospect of losing close to $100 million in charters and not blink? Without 23XI, would Jenkins really be the lone holdout among the team owners and take NASCAR to court by himself?

It’s impossible to imagine the various implications that could accompany a successful suit. Would NASCAR be forced to sell its tracks? Make the teams partners in a league, like NFL and NBA owners?

If the teams end up prevailing or at least sparking meaningful change in how the Cup Series operates — making stock car racing more lucrative and attracting further investments in the process — it would somehow only add to Jordan’s sports legacy. He would not just be a transformational figure in basketball, but credited with something that would have been unthinkable even five years ago: Being the figure who helped alter the face of NASCAR forever.

GO DEEPER

Why are 23XI and Front Row suing NASCAR? Here’s what you need to know

(Top photo of Michael Jordan: Jared C. Tilton / Getty Images)

https://www.nytimes.com/athletic/5812848/2024/10/02/michael-jordan-nascar-lawsuit-legacy/

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