Kentucky Speedway wants all tracks' records

By Bob Pockrass
Thursday, May 04, 2006

In trying to prove that NASCAR and International Speedway Corp. illegally work together to keep Nextel Cup events at ISC tracks, Kentucky Speedway is asking for lots of sensitive financial and business records.

That was to be expected as far as NASCAR and ISC were concerned. But now virtually every track that has a national NASCAR race will be asked to give up its records, too.

Kentucky Speedway has asked a U.S. District Court judge in Kentucky to allow it to serve subpoenas to request information from companies that are not parties in the lawsuit. Those parties include Speedway Motorsports Inc., Dover Motorsports, Indianapolis Motor Speedway, Pocono Raceway, the Milwaukee Mile and New Hampshire International Speedway.

Among the documents Kentucky will ask from SMI, which has 11 Nextel Cup events at its tracks, will be for all documents and depositions from the Ferko v. NASCAR anti-trust case that was settled out of court in 2004. Ferko was an SMI shareholder.

The proposed subpoena - filed as an exhibit to the motion to allow Kentucky to subpoena companies that aren't parties to the case - also asks for SMI to produce sanctioning agreements, ticket sales information, advertising revenue, safety records and documents relating to any attempt to purchase another racetrack.

The subpoenas have not been served, and it is expected that once they are served, the tracks will challenge how much information they will have to provide. Disagreements and arguments over the production of documents are typical in cases such as this.

"Anytime that happens, usually the judge intervenes and says that you can only take those things pertinent to the case," said SMI President H.A. "Humpy" Wheeler, who said he has not seen the subpoena but heard about the issue. "When subpoenas are issued, they always ask for the world. It's not unusual."

Kentucky Speedway alleges that ISC and NASCAR work together to keep non-ISC tracks from obtaining Nextel Cup events and is asking for it to be awarded a Cup date as well as having a standard set for the allocation of Cup dates.

NASCAR is a private company owned by the France family. ISC, which promotes many NASCAR-sanctioned races including 20 of the 38 Cup events, is a public company in which a majority of stock is owned by the France family.

NASCAR and ISC deny Kentucky Speedway's claims. The case won't go to trial until at least summer 2007.

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