Ky Speedway Suit News

NASCAR wants Kentucky Speedway Trial moved to Florida
Beth Musgrave, Kentucky Herald Leader

A federal judge should decide soon whether to transfer Kentucky Speedway's $400 million antitrust case against NASCAR to a Florida federal court.

U.S. District Judge William Bertelsman heard oral arguments from both sides yesterday in U.S. District Court in Covington.

NASCAR, which filed the motion to change the venue, argues that the Gallatin County racetrack agreed to litigate all disputes in the U.S. Middle District of Florida when it signed 11 different contracts with the Florida organization from 1999 to 2005.

Kentucky Speedway, however, argues that the consequences of NASCAR's alleged antitrust activity directly affect Kentucky Speedway and the Commonwealth of Kentucky, which has also spent money on infrastructure near the park. The case should remain in the Eastern District of Kentucky because the preference of the plaintiffs should have more weight than the choice of the defendants, said Arthur Miller, a Harvard law professor and one of Kentucky Speedway's lawyers.

Kentucky Speedway sued NASCAR and International Speedway Corp. in July, alleging the company kept the Kentucky track from getting a lucrative Nextel Cup race.

The lawsuit alleges that NASCAR and International Speedway are controlled by members of the France family, whose patriarch, Bill France, started NASCAR. Tracks affiliated with ISC host 20 of 38 Nextel Cup series events.

The speedway is asking for $400 million in damages and wants NASCAR to establish a competitive bidding process for Nextel Cup events.

Kentucky Speedway, a $150 million-plus track, opened in 2000 in Sparta in Gallatin County. It hosts two NASCAR-sanctioned races, one in the Craftsman Truck Series and one in the Busch Series.

Lawyers for NASCAR have countered that the speedway has failed to show that NASCAR and ISC violated anti-trust laws. Lawyers for ISC argue that the speedway is too young and inexperienced to promote a Nextel Cup race. The allegations against ISC are "thinly concealed expressions of bitterness against a more successful promoter" that has been in the business of promoting NASCAR-sanctioned stock car races since 1953, the ISC's motion to dismiss said.

NASCAR officials also told owners of Kentucky Speedway when it was built that it would never receive a Nextel Cup Race, which would draw bigger crowds and more cash than Craftsman and Busch Series races.

Bertelsman said yesterday that he hopes to have a written decision to the parties soon. NASCAR and ISC have also asked a federal judge to dismiss the speedway's case against them. That motion will not be decided until the issue of venue is ruled on.


Sometimes Nascar just gets on my last nerve!

So wheres the rub? NASCAR (ISC) builds it's own tracks of which a majority of the Nextel Cup races are run on. The Kentucky track is not ISC but is mad because NASCAR won't give them a Nextel Cup race. Isn't that the preference of the sanctioning body?

Yes NASCAR is a bully, and yes NASCAR has some questionable marketing issues that will probably never be resolved. But if the independent tracks want to play in ISC's playground they have to play by their rules. I didn't see anything in that article that says that NASCAR promised a Nextel Cup race to this track and didn't deliver. In this instance it just appears to be race envy on the part of Kentucky Speedway.

Maybe it is time again for these independent tracks to band together and promote and "alternate" stock car series on the caliber of the Nextel Cup. Oh sure ASA, ARCA, and UAR ProCup are out there, but there isn't a true national series to compete against NASCAR. Maybe even featuring some true "stock" bodies without the "common" template pushed by NASCAR.

Whatever they decide to do, I think the future of these tracks are in their own hands and to rely on a high-dollar sanctioning body like NASCAR to provide their livelyhood is a mistake.

Here's the rub....Nascar ALWAYS has to have it their way, there is little give in them. And how about the phrase "to young & inexperienced" to promote a Nextel cup race....good grief, that could have been said to Bill France 50 years ago and where would Nascar be today. Nascar (ISC) want to keep things in their own backyards with little or no competition. This sport could be so much more and so much better if the France family would stop holding on so tight.
Their business practices are indeed questionable and maybe just maybe the lawsuits will loosen their grip a bit.

Maybe it is time again for these independent tracks to band together and promote and "alternate" stock car series on the caliber of the Nextel Cup. Oh sure ASA, ARCA, and UAR ProCup are out there, but there isn't a true national series to compete against NASCAR. Maybe even featuring some true "stock" bodies without the "common" template pushed by NASCAR.

Oh if only someone would do something.I fear that eventually Nascar will own or have a piece of everything...what a thought !

Whatever they decide to do, I think the future of these tracks are in their own hands and to rely on a high-dollar sanctioning body like NASCAR to provide their livelyhood is a mistake.[/quote]

I couldn't agree more cause Nascar isn't going to share much.