Cup race for Kentucky in 2010 remains in doubt with appeals hearing in late April at earliest

By Bob Pockrass - Associate Editor
Monday, February 23, 2009

A court schedule released Monday appears to be another blow for Kentucky Speedway’s chances of obtaining a date on the 2010 Sprint Cup calendar because the antitrust lawsuit between the track founders and NASCAR most likely won’t be resolved until at least late May.
 
The U.S. Court of Appeals for the Sixth Circuit on Monday released its oral argument calendar for the week of March 9, and the case was not on the docket. The earliest the Kentucky-NASCAR case can now get on the calendar is the two-week session that begins April 20.
 
It takes at least a month, and typically longer, for the appeals court to render a decision.
 
NASCAR officials have repeatedly said that they would not consider a request from current Kentucky Speedway owner Speedway Motorsports Inc. to realign one of its Cup dates to Kentucky as long as the case is unresolved.
 
That means that unless the speedway founders, who sold the track to SMI in December but retained the rights to the lawsuit, opt to drop the lawsuit, the case won’t be decided until late May at the earliest. NASCAR typically is well into its sanctioning process for the following year by that time.
 
Kentucky Speedway is suing NASCAR and sister company International Speedway Corp. on antitrust grounds. It claims that NASCAR, a sanctioning body owned by the France family, and the publicly traded track-operator ISC, whose majority of voting stock is owned by the France family, illegally conspire to keep tracks such as Kentucky from obtaining Cup dates. SMI is considered a co-conspirator in the case.
 
NASCAR and ISC deny those claims. In January 2008, a U.S. District Court judge ruled there was not enough evidence to go to trial. The appeal centers on the validity of the evidence, and if the Kentucky Speedway founders win the appeal, the case would then go back to district court for a trial.
 
The appeals court could make a decision without a hearing, but it is not expected to do so.
 
“I wouldn’t speculate as to when the court would hear the case, but I can say that a NASCAR Sprint Cup Series date will not be considered while the litigation against NASCAR, ISC, SMI and others remains,” NASCAR spokesman Ramsey Poston said in a statement Monday.

Comments

11 responses to "Cup race for Kentucky in 2010 remains in doubt with appeals hearing in late April at earliest". Post a Comment.
  1. 1
    Jackie Snyder said:
    Feb 23, 2009 at 1:00 PM

    You need to give Kentucky a race and take one from Fontana where the attendace is obviously down.

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  2. 2
    mas chingon said:
    Feb 23, 2009 at 6:08 PM

    SMI is a co-conspirator in the case? With who, ISC? Don't those two lovely dictatorships usually battle with one another? It's another 1 1/2 mile generic piece of junk anyways, who cares.

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  3. 3
    Graceann Jackson said:
    Feb 23, 2009 at 8:06 PM

    Mas Chingon: Excuse me, but have you been to Kentucky Speedway? I doubt that you have. Every race is a full house, not a bad seat in the place, traffic is control & cleared at every event quite quickly. You might not care but there are some of us that do. I prefer a exciting track like Kentucky instead of a snooze-fest track like California any-day.

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  4. 4
    Cathy Rooks said:
    Feb 24, 2009 at 8:32 AM

    AMEN GRACEANN!! BRING IT HOME TO THE SOUTH WHERE IT WAS BORN!

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  5. 5
    Bob Koba said:
    Feb 24, 2009 at 8:41 AM

    Add Kentucky drop both road courses.

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  6. 6
    Tickets LMS said:
    Feb 24, 2009 at 1:45 PM

    I think that if Fontana gives up a race then Darlington should get back the Southern 500 date and keep that as it's only race.

    Pocono should cough up a date since that track is a dinosaur and the owners haven't upgraded it in an age.

    I think Kentucky would be a great spot for a Cup race as long it only has one date. The Nationwide series always seems to do well there. Heck, even the IRL seems to draw a decent crowd.

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  7. 7
    Allen Beasley said:
    Feb 24, 2009 at 7:34 PM

    Unless or until Bruton Smith takes a date from one of his own facilities, I doubt Kentucky will get a Cup date from NASCAR. Simply because ISC won't take one from their own for that purpose.

    I agree that California should lose a date, specifically Labor Day. Return that date to Darlington, from where it should've never left. Take one from Phoenix and Pocono. Give one to Kentucky, and the other to Rockingham.

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  8. 8
    Howard Englishman said:
    Feb 24, 2009 at 8:20 PM

    Allen, Labor day is not in California, its in Atlanta.The only date is is going to take is the March Atlanta race. Rockingham will never get a date back, too old and over saturated market.

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  9. 9
    Bernadette Motherway said:
    Feb 24, 2009 at 9:24 PM

    I'm so sick of listening about this 2010 Kentucky date, law suit, conspiracy or whatever. Has anyone really really really read this article. This is the kind of publicity NASCAR does not need!!!

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  10. 10
    Andy Marquis said:
    Feb 26, 2009 at 9:10 AM

    Allen, Rockingham only seats 30,000. And why would NASCAR take a date away from Pocono? It always sells out and it's one of the better tracks.

    I personally wish they'd take Dover or Fontana's fall date away, move it to New Jersey Motorsports Park and take a date from Texas and move it to Kentucky.

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  11. 11
    Bernadette Motherway said:
    Feb 26, 2009 at 4:49 PM

    Oh no! Don't take a date from Texas!! Gossage really knows how to treat the fans!! Have you ever been there, Andy?

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