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  • Opinion: Baseless lawsuit of parody Twitter account by former NASCAR CEO sets unnecessary precedent

    Opinion: Baseless lawsuit of parody Twitter account by former NASCAR CEO sets unnecessary precedent

    I do not know what has been injected in the NASCAR Twitter world as of late…but can I have some? There’s been Gragson vs. Snider, Ruch vs. Kligerman, Portnoy vs. Utter and now France vs. a parody Twitter account.

    Former NASCAR CEO Brian France filed a lawsuit against John Steele (operator of the wildly popular parody Twitter account @DrunkBrianF) citing in a Connecticut state court that Steele has impersonated and targeted him through the account’s actions. The lawsuit further implies that the tweets on this account could be viewed as coming from the actual Brian France, and that use of the account was intended to deceive everyone into thinking that the actual Brian France could be credited for the account’s use.

    Keep in mind that the former CEO of NASCAR, who was arrested in New York following a DWI and drug possession with a .019 BAC at the time of his arrest and was found to be in possession of a criminal substance (oxycodone pills) and allegedly acted belligerent with the arresting officers. Yet he finds that a parody account (it even says parody in the account bio) is the cause of his emotional distress.

    Now, there’s an aspect of this where I want to reach out to Mr. Steele and encourage him to counter the lawsuit, saying that the Plaintiff of the initial lawsuit getting arrested for a DWI only served to damage his account’s reputation (@DrunkBrianF on Twitter has been around since 2014) and has caused irreparable emotional damage to Steele and his family.

    In turn, that lawsuit could get thrown out with the initial lawsuit since both are baseless, pointless, and unnecessary. France has a lot more to concern himself with right now, most importantly his very public issues with substance abuse and alcohol issues, both of which are serious, life-threatening issues. It seems desperate to instead get upset over an openly satirical Twitter account instead.

    Not to mention, going after the account, in turn, is a violation of Steele’s First Amendment right as an American. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances”

    Granted, the First Amendment doesn’t necessarily protect against repercussions from others regarding free speech, but France’s lawsuit is aiming to censor an otherwise harmless account. Steele is open on the fact that his account is a parody. He’s even posted pictures of himself at events on this parody account.

    Steele also uses the account’s popularity to shine a light on up-and-coming drivers and smaller teams. That action alone is something that has been lacking in regular NASCAR media, and Steele using his account’s popularity goes a long way in getting those teams recognized (Steele has even provided some limited sponsorship to some of these regional race teams).

    There’s no reason this lawsuit should even be occurring given France’s criminal record, and in a way, it reminds me of the beef between Alec Baldwin and Donald Trump following Baldwin’s impersonation of Trump on Saturday Night Live. Obviously Trump didn’t appreciate it, but given the popularity as well as the fact that the whole thing was satire, there was no reason to follow through with any kind of ramification.

    If someone cannot check that the account is in fact a parody, then they’re beyond help. Steele’s account is goofy, good for a few chuckles, and in some cases has really good insight on stuff that we might not say but are most definitely thinking. It might be crude in some instances, brash in others, but on the whole, it does serve as a bit of levity for the NASCAR Twitter gang.

    But to snuff that out would be detrimental to NASCAR’s social media followers, many of whom are also parody NASCAR accounts. A lot of them are also good for laughs and a few chuckles, taking into consideration that it’s okay to not take oneself too seriously. And as with Steele, they’re also there to provide a few laughs and to say what everyone else is thinking. To take that away is to take away some of the freedom of speech of the NASCAR community and if there’s one thing that’s a big no-no, it’s not allowing the fans any form of discourse or dissent.

    It’s a good thing there are laws in effect to dismiss baseless lawsuits such as France’s. Anti-SLAPP (Strategic Lawsuit Against Public Participation) laws are designed to provide for early dismissal of meritless lawsuits filed against people for the exercise of First Amendment rights. They’re intended to prevent people from using courts and potential threats of a lawsuit, to intimidate people who are exercising their First Amendment rights.

    So with that being said, whether or not the lawsuit was just an exercise in trying to remain relevant or exercising clout, there’s no way it lasts long. And while it’s providing for excellent Twitter material, there’s a point in the story where everyone is just happy to get back to racing. Here’s to hoping that point is near.

  • The White Zone: NASCAR’s ‘total culture change’ goes beyond penalties

    The White Zone: NASCAR’s ‘total culture change’ goes beyond penalties

    If you weren’t convinced that NASCAR was serious about going in a new direction, Monday’s announcements should do the trick.

    NASCAR announced on Monday that if the race winner fails post-race inspection, he/she will be disqualified and dropped to the bottom of the running order. That includes the win, the trophy, the points, the money and even the roast beast.

    This is a departure from a longstanding philosophy in which NASCAR wanted the people who left the track to know that whom they saw win the race did indeed win. This probably made sense at a time when newspapers were the only reliable way of following the sport on a weekly basis. But the rise of the internet and social media made the aforementioned philosophy out-dated.

    Furthermore, it’s glaringly obvious that, no matter the deterrent system, teams didn’t take the penalties seriously.

    “I think for us, we’re really looking at a total culture change,” said Steve O’Donnell, NASCAR executive vice president and chief racing development officer. “We’ve been through a deterrence model where we’ve really worked with the race teams at the track and probably been more lenient than we should in terms of the number of times teams can go through inspection and pass, fail and there’s almost incentive to try to get something by NASCAR, so we want to really reverse that trend.

    “We’re going to put it on the teams to bring their equipment right. When they come to the track, we’ll be much less lenient as they go through technical inspection with stiffer penalties in terms of qualifying, and then ultimately during the race, obviously we want everyone to be racing straight up.”

    The key phrase in that quote is “total culture change.”

    In this instance, O’Donnell is referring to the culture of cheating in the NASCAR garage. But it also can be applied to NASCAR as a whole since the events of Aug. 6, 2018, the day former NASCAR Chairman and CEO Brian France was arrested on charges of driving while intoxicated (DWI) and 7th-degree criminal possession of a controlled substance.

    SEE ALSO: Brian France takes indefinite leave of absence following intoxicated driving arrest

    Given that it came less than 24 hours after Chase Elliott, the sport’s most popular driver, scored his first career victory in the Monster Energy NASCAR Cup Series, many in the NASCAR community, including myself, were rightfully angry that his arrest was the mainstream news story.

    SEE ALSO: The White Zone: It’s time to remove Brian France from the reigns of NASCAR

    I don’t bring this up to bash France, as I hope he gets the help he needs. I bring it up because it’s a microcosm of his time as the head of NASCAR. There was never a sense of direction under him, or that he was even interested in running the sport.

    Rather than be at Watkins Glen International to watch the new face of his family’s sport win for the first time, he was partying in Long Island.

    In his many press conferences over the years, he seemed aloof and barely understood what was happening in the sport. One in particular was his press conference at Richmond Raceway, on April 30, 2017. Chris Knight and I were up in the press box that afternoon. When it ended, he got up and said “Well that was a bunch of nothing.”

    And he was right. It was a conference of fluff. Now it didn’t help that nobody asked France a serious question. But even when someone asked him one in his other conferences, he often tap danced around it. Particularly when it came to the 13-year decline in television ratings and viewership (which I’ve gone into much greater detail about in a previous column).

    SEE ALSO: The White Zone: The light at tunnel’s end is growing dimmer

    While the sport remains in the control of the France family, with Jim France taking over as (Acting) Chairman and CEO, the public leader is NASCAR President Steve Phelps.

    In his first press conference as president back in November at Homestead-Miami Speedway, Phelps demonstrated that he had a sense of the direction in which he wanted to take NASCAR, particularly in regards to the 2019 aero package.

    “I think the rule package was put in place because we want to have the most competitive racing we can,” he said. “We believe the 2019 rules package is just exactly that. What effect it has on ratings or what effects it has on other things that are outside of our control, I can’t say.

    “I can say that we do believe that this racing, which today arguably is the best we’ve ever had, is going to get better. We have a promise to our fans, and that promise is about close, competitive, side‑by‑side racing, and we believe that this 2019 rules package will give us exactly that.”

    To be fair, this package was probably well into development before Phelps became president. But it was refreshing to see the sport’s public leader address topics with substantive answers. And while he kind of danced around the declining ratings, it was better than Brian France’s “changing tastes” nothing answer he repeatedly stated.

    And this “total culture change” at the top has trickled down to the other executives.

    Last November at Texas Motor Speedway, NASCAR came out and admitted that it dropped the ball on sending Jimmie Johnson to the rear of the field, when it shouldn’t have happened.

    O’Donnell said it was unacceptable and can’t happen again going forward.

    Compare that to the year prior at Richmond Raceway. NASCAR Senior Vice President of Competition Scott Miller walked out of a media scrum, because we pressed him on the stopped ambulance at the entrance of pit road, when cars were coming in to pit, that took Matt Kenseth out of the race.

    SEE ALSO: Ambulance ruins Kenseth’s night at Richmond

    Bob Pockrass turned to Kurt Culbert (the (former) liaison between the media and the NASCAR executives) and said, and I’m paraphrasing, that “NASCAR stepped on its own dick, tonight,” and needed to acknowledge that.

    When moments like the aforementioned one at Richmond was what we usually got from NASCAR, it was a total shock to everyone that it came out and admitted that it made a mistake.

    In short: The “total culture change” referenced by O’Donnell, in regards to penalties, can be applied to NASCAR as a whole over the last seven months, and there’s truly a sense of direction from the people at the top for the first time in a long time.

    I won’t be hypocritical. I’m still skeptical about this new aero package for a myriad of reasons. But I understand where NASCAR is coming from on it, and the direction it’s going.

    Time will tell if it’s the right direction, but right now, I like the “total culture change” that’s happening in NASCAR.

    That’s my view, for what it’s worth.

  • Hot 20 of the NASCAR season that was

    Hot 20 of the NASCAR season that was

    Another season has come and gone, along with a few more drivers and fans, to be honest. However, there are some things I have noticed that are on the positive side, though not all would agree.

    I like stage racing. I was not sure to start with, but I like it now. It helps chronicle who mattered early and it informs us as to who mattered throughout. It even tells us who won, and it rewards that winner is a meaningful way.

    As a traditionalist, I was dead set against the playoffs. I have changed my mind. Logically, it makes no sense to have the pretenders still on the same competitive field as the contenders. Yet, it has not much affected the action, other than for one understandably upset Matt Kenseth. In this snowflake influenced world of ours, sometimes vengeance can still be had.

    Dale Earnhardt Jr. was not missed on the track due to his excellence in the NBC broadcast booth alongside Jeff Burton, Steve Letarte, Rick Allen and a very stout track-side team. They were entertaining, informative, and sounded like they were excited being there. That is all it takes, but it took a long, long time for some to figure that out. I am not sure FOX has yet.

    NASCAR boss man Brian France left the scene in August after being tagged with charges of aggravated driving while intoxicated and criminal possession of a controlled substance. Replaced by his uncle, I think most think that was a positive step. At least Jim France bothers to show up at the track every week.

    The France family is looking to fold its 13 track International Speedway Corp., which includes Darlington, Daytona, Martinsville and Talladega, into a merger with NASCAR itself. One can speculate as to the reasons, be it to lay out “a more unified strategic approach”, as Jim France says, or to package it all up for sale. Time will tell.

    Sometime over the past decade, the “How bad have you got it” mantra went out the window, along with the fans they were asking. Most of the races this season had a dip in ratings, with at least 26 being seen as having their worst of the past decade, if not of all time. Most of the celebrities are gone, we produce fewer gear heads these days, and the good ole boys and girls like Bo, Luke, and Daisy have been replaced in society by those who know more about tissues than issues.

    It appears Jamie McMurray is leaving the driver’s seat, at least on a full-time basis. Kurt Busch could be his replacement with Chip Ganassi. Kenseth is set to step back from even doing that after spelling off Trevor Bayne. Ryan Newman will take their place at Roush-Fenway, with newcomer Daniel Hemric taking his former ride with Richard Childress. Furniture Row is now gone, as Martin Truex Jr. heads over to Joe Gibbs, bumping Daniel Suarez possibly over to replace the elder Busch at Stewart-Haas. A.J. Allmendinger will be without a ride, giving up his seat to rookie Ryan Preece. Kasey Kahne has called it a career, and the 17-year combination of Jimmie Johnson and Chad Knaus comes to an end.

    Changes. Some we like, some we will not, at least to start with. Will fans come back in droves? Nope. Why should they? Give them a reason, give them entertainment, give them a reason to care.

    All they have to do is figure out what that is. Over the course of the past decade, they have not.

    1. JOEY LOGANO – 5040 POINTS (3 Wins)
    This is not “fake news.” Logano is a deserving, even if not an overly popular, champion.

    2. MARTIN TRUEX JR. – 5035 POINTS (4 Wins)
    If we could ignore the facts for our own biases…but we can not. Now he is off to join the Coach.

    3. KEVIN HARVICK – 5034 POINTS (8 Wins)
    If he could win all those he dominated for a period of time, he would have gone double figures.

    4. KYLE BUSCH – 5033 POINTS (8 Wins)
    Great seasons can be spoiled by the uncertainty of a playoff. Case in point…

    5. ARIC ALMIROLA – 2354 POINTS (1 Win)
    Not everyone is moving on. Then again, he was one of those movers not so long ago.

    6. CHASE ELLIOTT – 2350 POINTS (3 Wins)
    The future of Hendrick has already arrived.

    7. KURT BUSCH – 2350 POINTS (1 Win)
    If he wants to race Indy, his rumored new boss might have a few options open to him.

    8. BRAD KESELOWSKI – 2343 POINTS (3 Wins)
    “I’m going to say it again. I did not intentionally spin out that driver, Mr. Suarez.”

    9. KYLE LARSON – 2299 POINTS
    If your business is named “Hi-Line”, I have a marketing opportunity for you.

    10. RYAN BLANEY – 2298 POINTS (1 Win)
    Like Chase, he is one of the positives NASCAR can showcase for the future.

    11. DENNY HAMLIN – 2285 POINTS
    As with Johnson, a years-long streak of wins in a season comes to an end.

    12. CLINT BOWYER – 2272 POINTS (2 Wins)
    Light-hearted and funny. Plus, if you ever find yourself in a ditch, he has connections.

    13. AUSTIN DILLON – 2245 POINTS (1 Win)
    That win was nice, but the iconic number was not so iconic after Daytona.

    14. JIMMIE JOHNSON – 2242 POINTS
    The marriage with Chad lasted longer than a vast majority of Hollywood relationships.

    15. ERIK JONES – 2220 POINTS (1 Win)
    At 22, That Jones Boy is making Joe Gibbs feel pretty good about the future.

    16. ALEX BOWMAN – 2204 POINTS
    Driving a car once driven by an Earnhardt is not an easy act to follow.

    17. RYAN NEWMAN – 769 POINTS
    Off to become one of the guys over at the House that Jack built. Maybe even his bodyguard.

    18. RICKY STENHOUSE JR. – 701 POINTS
    After five years, the storyline changed in 2018, along with a downturn in performance

    19. PAUL MENARD – 692 POINTS
    Will be around as long as a certain home improvement company markets its wares on a stock car.

    20. JAMIE MCMURRAY – 683 POINTS
    If this marks the end of the line, he finishes it up among those who mattered.

  • Hot 20 – Michigan is the focus of this weekend but, apparently, so is France

    Hot 20 – Michigan is the focus of this weekend but, apparently, so is France

    Bill France. Bill France, Jr. These men were NASCAR.

    Smokey Yunick. Maurice Petty. Glen Wood, Leonard Wood. Ray Evernham. These men were NASCAR.

    Lee Petty. Richard Petty. Fireball Roberts. Joe Weatherly, Junior Johnson. Bobby Allison. Dale Earnhardt. Cale Yarborough. Darrell Waltrip. Bill Elliott. These men were NASCAR.

    Ned Jarrett. Ken Squier. These men were NASCAR.

    Tony Stewart. Jeff Gordon. Mark Martin. Dale Earnhardt, Jr. Carl Edwards. These men were NASCAR.

    Rick Hendrick. Joe Gibbs. Roger Penske. Jack Roush. Richard Childress. These men are NASCAR.

    Jimmie Johnson. Kyle Busch, Kurt Busch. Kevin Harvick. Martin Truex, Jr. Denny Hamlin. Brad Keselowski. Kyle Larson. Chase Elliott. These men are NASCAR.

    These men, a few women, and so many others made the sport. Were the sport. Are the sport.

    Brian France is not NASCAR. There is a reason 97 percent of all family businesses do not survive as such into the fourth generation.

    At Michigan on Sunday, NBC’s stellar broadcast crew will once again deliver to our living rooms the people who are NASCAR. Those who matter. The reasons we watch.

    Especially our Hot 20. Only 16 spots are open to qualify for a championship run, but a win gets one in and there are only four opportunities left to do just that. Right now, that is the only driving news that matters when it comes to NASCAR.

    1. KYLE BUSCH – 6 WINS (934 Pts)
    Smokey Yunick would not have let a fueling malfunction stop one of his cars from winning.

    2. KEVIN HARVICK – 6 WINS (864 Pts)
    Such a terrible day it was at Watkins Glen. He only finished 10th. Only.

    3. MARTIN TRUEX JR. – 4 WINS (813 Pts)
    Everyone was just thrilled Chase won last week…except for this one.

    4. CLINT BOWYER – 2 WINS (703 Pts)
    June was a good month to visit Michigan. Hoping August will be just as rewarding.

    5. JOEY LOGANO – 1 WIN (691 Pts)
    Nice day at the beach at Watkins Glen, though the only water was pouring from his radiator.

    6. CHASE ELLIOTT – 1 WIN (619 Pts)
    Five Michigan career starts, finishing 2nd, 2nd, 2nd, 8th, and 9th. The boy wants another, it seems.

    7. ERIK JONES – 1 WIN (572 Pts)
    No longer the best 22-year-old driver this season.

    8. AUSTIN DILLON – 1 WIN (412 Pts)
    A win and you are in. I like that rule, but…

    9. KURT BUSCH – 705 POINTS
    No charges were issued, yet Brian France once suspended him. Just thought I would mention it.

    10. BRAD KESELOWSKI – 670 POINTS
    Winning his first of the season in his home state would be sweet.

    11. KYLE LARSON – 660 POINTS
    Has won three of the last four at Michigan, a string only interrupted by Bowyer two months ago.

    12. DENNY HAMLIN – 650 POINTS
    New Redskins’ Super Bowl XXVI cap comes 26 years after the original flew out the bus window.

    13. RYAN BLANEY – 639 POINTS
    As long as he does not drive like Brian France, he will be in the mix after Indianapolis.

    14. ARIC ALMIROLA – 602 POINTS
    Unlike Canada and Saudi Arabia, Almirola and DiBenedetto have renewed diplomatic relations.

    15. JIMMIE JOHNSON – 563 POINTS
    I bet you thought Bowyer was the NASCAR guy with the road service ties.

    16. ALEX BOWMAN – 523 POINTS
    Unless he gives up 18 points per race between now and after Indianapolis, he is in, unless…

    17. RICKY STENHOUSE JR. – 461 POINTS
    …Ricky or anyone from him down to Matt DiBenedetto can win one of the next four.

    18. PAUL MENARD – 451 POINTS
    The Wood Brothers auto should be strong at Michigan, but it needs to be the strongest.

    19. DANIEL SUAREZ – 434 POINTS
    Some actually believe Suarez has a shot this weekend to win. Maybe a small wager is in order.

    20. RYAN NEWMAN – 431 POINTS
    Won at Michigan once in 2003 and once in 2004. He sure could use another one now.

  • Brian France takes indefinite leave of absence following intoxicated driving arrest

    Brian France takes indefinite leave of absence following intoxicated driving arrest

    This story has been updated to include statements from both Brian France and NASCAR on France’s indefinite leave of absence.

    Brian France will take an indefinite leave of absence, after he was arrested for drunk driving and illegal possession of Oxycodone, according to Sag Harbor Village Police. Jim France will take over as the interim Chairman and CEO of NASCAR.

    NASCAR issued the following statement on the matter: “Brian France has taken an indefinite leave of absence from NASCAR as chairman and chief executive officer. Effective immediately, NASCAR Vice Chairman and Executive Vice President Jim France has assumed the role of interim chairman and chief executive officer.”

    Jim France has been involved with NASCAR and International Speedway Corporation since 1959. While serving as NASCAR’s vice chairman and executive vice president, he’s largely overseen the sports car operations of NASCAR.

    Brian France also released the following statement: “I apologize to our fans, our industry and my family for the impact of my actions last night. Effective immediately, I will be taking an indefinite leave of absence from my position to focus on my personal affairs.”

    France was pulled over last night in Suffolk County after he failed to stop at a stop sign on Main Street. During the traffic stop, the officer suspected he was intoxicated and conducted a field sobriety test, which he failed. Upon further inspection, he was found in criminal possession of a controlled substance.

    He was arrested and held overnight and was released this morning from the custody of the Sag Harbor Village Justice Court.

    NASCAR issued the following statement on France’s arrest: “We are aware of an incident that occurred last night and are in the process of gathering information. We take this as a serious matter and will issue a statement after we have all of the facts.”

    France has operated as the Chairman and CEO of NASCAR since 2003.

  • France’s Arrest Damaging to NASCAR’s Image

    France’s Arrest Damaging to NASCAR’s Image

    This week should have been a good week in NASCAR. Chase Elliott, the second coming of Dale Earnhardt Jr., finally won a Monster Energy NASCAR Cup Series race after 99 starts, of which eight of them ended with Elliott in the runner-up spot.

    A young, personable, talented individual finally made it to Victory Lane and the whole racing world rejoiced. It certainly helped that the win was attained in dramatic fashion, as Elliott held off last season’s Cup champion Martin Truex Jr., who is arguably one of the best in the business right now. This was a win that could have been marketed to NASCAR’s benefit, drawing in numbers the sport needs.

    Instead, on Monday, the racing world receives a report that NASCAR Chairman and CEO (and the grandson of the founder of NASCAR, might I add), was arrested on a DUI charge in the Hamptons; he also happened to be in possession of Oxycodone to boot. Allegedly, according to TMZ.com who first reported the arrest, during the stop France acted in a belligerent manner, name-dropping his relationship with President Donald Trump and asking, “Do you know who I am?”

    France doesn’t hold an ownership stake in NASCAR, serving instead at the behest of his uncle Jim France and sister Lesa France Kennedy. But on the business side of things, France is the face of the sport. He is the face of a sport that touts a rigorous drug testing program, a sport that involves driving vehicles at high rates of speed, mind you, a sport that several Fortune 500 companies have poured billions of dollars in over the course of the years, at that.

    The arrest report of France’s traffic stop

    Some of these sponsors may stay, and if so, great. They may pay at a lower cost because there is no question that on the business side of things, considering that NASCAR is up for sale, all hands are on deck in damage control mode to keep as many advertisers as possible involved in the sport. It’s easy to speculate how much money this arrest has cost the sport, because who wants to be involved in a motorsport where the Chairman has no qualms about operating a vehicle under the influence? What does that tell potential buyers and advertisers?

    It’s easy to be angry, to spout doom and gloom on what was supposed to be a happy week. It’s easy to be angry at France because each year thousands are injured or killed in accidents caused by drivers who are under the influence. But it’s also easy to have pity on France. Rumors have carried on for years that he had a substance abuse issue, and although they were easy to dismiss as rumors, this arrest does add a validity to them. This may have been an isolated incident. It may have been a sign of his rumored addiction. But given his conduct and questionable decisions over the course of his tenure as NASCAR CEO, it can be speculated that France does need help and on that note, he should take it.

    The ramifications of this arrest have yet to be seen, but they will arrive and they will not be pretty. Aside from the obvious jokes and vitriol across social media (let’s keep in mind that the target demographic NASCAR’s been trying to reach will be too busy laughing at them to even care), there will be the ever-present loss of money, another problem that the sport does not need.

    NASCAR has been quick and efficient with the damage control so far, issuing this statement shortly after news of France’s arrest broke:

    “Brian France has taken an indefinite leave of absence from NASCAR as chairman and chief executive officer. Effective immediately, NASCAR Vice Chairman and Executive Vice President Jim France has assumed the role of interim chairman and chief executive officer.”

    Shortly after, Brian France issued this statement:

     “I apologize to our fans, our industry and my family for the impact of my actions last night. Effective immediately, I will be taking an indefinite leave of absence from my position to focus on my personal affairs.”

    It looks that NASCAR has realized that instead of carrying on like everything is okay, it would be best for all involved if France were to step down. He needs to step away, seek help or treatment, and tend to his own issues. NASCAR will need recover from this, meanwhile, and if they play their cards right they will.

     

  • The White Zone: It’s time to remove Brian France from the reigns of NASCAR

    The White Zone: It’s time to remove Brian France from the reigns of NASCAR

    We’ve had six weeks of positive energy from great racing and a truly momentous victory by possibly the most popular driver in NASCAR today. And what is the big story nearly 24 hours removed? It’s the arrest of the sport’s leader for drunk driving.

    If you’ve not heard by now, NASCAR Chairman and CEO Brian France was arrested last night in Sag Harbor, New York for driving while intoxicated and seventh-degree criminal possession of a controlled substance.

    By no means is a DWI/controlled substance arrest a conviction (legally speaking). With that said, however, you can’t allow the head of the sport to behave in such a manner. Especially considering he was cited for “Aggravated DWI,” which in New York means you supposedly had a blood alcohol content (BAC) level more than double the level at which you’re considered legally intoxicated.

    What isn’t up for debate, however, is that France’s decision to drive intoxicated just two hours after Chase Elliott scored his first career victory in the Monster Energy NASCAR Cup Series at Watkins Glen International not only stalls the optimism and positive momentum that been built up over the last six weeks, but puts the sports back in the spotlight for the wrong reasons yet again. Outlets that don’t regularly talk about NASCAR are picking up this story, rather than Elliott’s momentous victory from yesterday.

    And it’s even reached the shores of England.

    This was one of many missteps by France over the years, from his short-sighted decision to publicly endorse Donald Trump for president to the way he handled the Confederate Flag dilemma after the racially-charged mass shooting at the Emanuel African Methodist Episcopal Church in Charleston, South Carolina in June of 2015. The missteps also extend to his time as Chairman and CEO of NASCAR, most notably his atrocious handling of the series of run-ins between Matt Kenseth and Joey Logano in October of 2015.

    Furthermore, and no matter how hard he or any executive in the big office in Daytona spin or dance around it, NASCAR’s biggest — and ongoing — decline in TV ratings, viewership and attendance have happened under France’s leadership.

    These many embarrassing moments and poor leadership demonstrate why France is unfit to continue on as Chairman and CEO of NASCAR.

    NASCAR is bigger than any single person, especially the people who run the operations. No amount of relation to the founder and his successor should excuse the fact that Brian acted in a manner unbecoming of the head of a company, particularly an automotive-centric company.

    If this isn’t grounds for termination, what is?

    That’s my view, for what it’s worth.

    SEE ALSO: Elliott Scores Much Anticipated First Cup Win at Glen

    SEE ALSO: Chase is winless no more

    SEE ALSO: Brian France arrested for DWI and possession of controlled substance

  • Hot 20 – Selling NASCAR could be about as tough as trying to sell fans on watching Kansas

    Hot 20 – Selling NASCAR could be about as tough as trying to sell fans on watching Kansas

    For Sale. National sanctioning body. A real fixer-upper. Updated safety features. Decades of tradition. All offers to be considered. Contact Goldman Sachs for further details.

    Ever since Bill France gathered together other influential racers and promoters at the Streamline Hotel at Daytona Beach on December 14, 1947, and its founding two months later, it has been a family operation. NASCAR moved from the beach to the big track at Daytona in 1959. A decade later, he brought us Talladega. It was a time when the cars on the track were the cars on the street, with some modifications. By 1966, they introduced changes to the frames and chassis. It was the heyday of short track racing in the south, many of which departed the scene at the same time as the founder handed over the reins.

    Bill France Jr. brought the sport into the modern era in 1972. It was the time of Winston Cup. Darrell Waltrip’s Monte Carlo and Richard Petty’s Dodge Charger looked a whole lot like what you could hit the streets in come Monday. Television arrived, at least sporadically, and a nation was let in on what had been primarily a southern secret. Another change in the car appeared when 1981 arrived. Not radical changes, mind you, as Dale Earnhardt’s Goodwrench No. 3 Chevy looked like the beast we all well remember. Fans still turned out in even greater numbers, even when they altered the car once more in 1992. A highly modified body, hours in the wind tunnel, fiberglass bumpers, noses, and tails, and higher costs. If we didn’t know it by then, that old Hudson Hornet was not coming back.

    The new millennium brought new leadership as Brian France became the third generation to run the family operation. As Charles Dickens opened the Tale of Two Cities, it truly was the best of times, it was the worst of times. 2001 opened with a nationwide television audience and a long-term contract. It also opened with the death of its greatest active star. In order to provide greater safety, they went to work, and that produced the Car of Tomorrow in 2006, and the sport has never been the same since. No more slingshot passes. Clean air now meant everything. With the splitter and boxy exterior, the cars looked like nothing you would find in a showroom, not that you would want to buy one of them. By the end of the decade, the catchphrase “How bad have you got it” was more like how bad has it gotten. A downturn in the economy and fans quit coming. Seats were torn out of race venues. Attendance figures became a secret. Chicago, Kansas, and Kentucky came on board, but for what reason? Five years ago, a more streamlined sixth generation auto came out. It looked better, but the racing did not get much better.

    Now, we are where we are today. Declining attendance, declining viewership, at a time when the most loyal fans are among the oldest, and the drivers they followed are either retired or near the end of the road. Announcers who simply lack the chemistry of good ole boys joking around, telling stories, keeping us entertained, as well as following what action there is on the track. We were reminded of what we are missing when the Cup guys announced the Xfinity race at Talladega. If only every race provided that kind of viewing experience.

    Despite their recent purchase of the ARCA series, and the recent memo stating how the France family “remains dedicated to the long-term growth of our sport”, the door is open for the tire kicking to begin. Whoever makes an offer needs to bring back the fans and the sponsors, who are also departing. Whoever comes in will pay billions for the privilege, and they better have a plan. The current one is not working.

    What is wrong with NASCAR? Watch Kansas on Saturday night for a hint. Meanwhile, post-race inspections at Dover meant 20 point penalties to Clint Bowyer and Daniel Suarez (rear window violations) while Austin Dillon avoided a point hit for his splitter issue. I wonder what Smoky Yunick would think?

    1. KYLE BUSCH – 3 WINS – 466 Pts
    Looked damn good even with a vibration, until they had to shut it off.

    2. KEVIN HARVICK – 3 WINS (1 E.W.) – 426 Pts
    Three clean wins, one encumbered win, and that still equals “four” in my book.

    3. JOEY LOGANO – 1 WIN – 444 Pts
    A fan of Junior, the “Most Popular Driver for the past 100 years.” Joey seems to like old people.

    4. CLINT BOWYER – 1 WIN – 360 Pts
    All he wanted was to become relevant again. Mission accomplished.

    5. MARTIN TRUEX JR. – 1 WIN – 340 Pts
    After a 2017 sweep of Kansas, what is one more?

    6. AUSTIN DILLON – 1 WIN – 221 Pts
    If he had been second at Daytona, he would now sit 19th in the standings.

    7. BRAD KESELOWSKI – 365 POINTS
    It was nice of Harvick to share the stage for a time at Dover.

    8. KURT BUSCH – 358 POINTS
    “…seeing this schedule for next year, I’m not excited.” I know how he feels.

    9. RYAN BLANEY – 346 POINTS
    Just the second best Penske Ford at Dover…and he finished eighth.

    10. DENNY HAMLIN – 344 POINTS
    Obviously got his driver’s license for his skills on the street, not those coming into the driveway.

    11. KYLE LARSON – 307 POINTS
    Named his new daughter Coke. Okay, I am kidding. I think I am kidding.

    12. ARIC ALMIROLA – 304 POINTS
    Leaving the track without assistance this year would be nice.

    13. JIMMIE JOHNSON – 268 POINTS
    No chance of moving up on this ladder this week, except for a win.

    14. ERIK JONES – 253 POINTS
    He swears he has seen the ghost of Matt Kenseth at Kansas.

    15. ALEX BOWMAN – 252 POINTS
    Cup, Xfinity, Trucks, ARCA, K&N…one driver who has touched all of NASCAR’s bases.

    16. CHASE ELLIOTT – 241 POINTS
    Without a win in the bag, those penalty points hurt. Chase is one who knows that pain.

    17. RICKY STENHOUSE JR. – 239 POINTS
    He has a new teammate this week. Some old guy I hear.

    18. WILLIAM BYRON – 225 POINTS
    Learned to race in a simulator, then in a car at 15. It is a new era.

    19. RYAN NEWMAN – 218 POINTS
    The Rocketman is fizzing out.

    20. DANIEL SUAREZ – 214 POINTS
    Earn a podium finish, and good things happen. Fail post-race inspection, bad things take place.

  • Hot 20 – Talladega could not have come at a better time

    Hot 20 – Talladega could not have come at a better time

    NASCAR is losing steam. Surprise! It is not exactly news, but this week comments made by the top brass yet again reminded us of what has been going on for about a decade now. NASCAR got its big TV contract in 2001 to bring the action nationwide. It lost one of its legends in that opening race, then his son became part of a very compelling and riveting story line, and a fad was born. Everybody who was anybody jumped aboard the bandwagon. That lasted until the economic downturn following the 2007 season. The good times came to a grinding halt, and have not yet returned. As Merle Haggard used to ask, “Are the good times really over for good?”

    Once upon a time, but a time not so far away, 112,000 seats surrounded the track at Richmond. Today, they number 60,000. Last Sunday, only half of them had butt cheeks draped upon them. This week, NASCAR boss Brian France says his sport is not the only one having trouble enticing fans to leave their electronic devices behind, especially those tuned into his races, to make the trek to see the action live. They are having a summit next month in Charlotte, joined by experts, to seek out some answers. Charlotte track owner Humpy Wheeler has his own answers. Get rid of the aero push, the thing that gives the leader in clean air a distinct advantage, once and for all. Do that and then see the return of on-track excitement, the return of duels for the lead, the return of rivalries, and the return of the fans. Simple solution, but one they have been unable to solve for nearly twenty years.

    NASCAR was here long before Dale Earnhardt Jr. and it will be there long after he leaves. Sure sounds strong, defiant, and even true to some degree. However, compare how much merchandise Junior moves and compare it to anyone else…hell…everyone else, and you might just notice a few beads of sweat on the foreheads of NASCAR’s big shots. In the past, big stars left but it was all small potatoes back then compared to today. Dale Earnhardt died, but his son was there pick up some of the slack. Today, Junior is planning on going. Jeff Gordon, Tony Stewart, and Carl Edwards are already gone. Can Kyle Larson, Chase Elliott, Ryan Blaney, Erik Jones, Daniel Suarez, and the Dillon brothers keep those rabid fans in tow, the ones who will hang around no matter what? That is the question.

    Few tracks pretty much guarantee excitement. Talladega happily is one of them. Multiple lead changes, the potential of mayhem each and every lap, and the thrills that it brings. You do not need an Earnhardt to present that. You sure do when you go to Kansas for the next contest, and we return to a 1.5-mile oval and the same old, same old. Without the likes of Junior to cheer for, the lukewarm supporters will once again dissipate like a mist in the wind. They might return for the all-star event, they might catch the World 600 at Charlotte later this month, or next month’s road course challenge at Sonoma, then the Firecracker 400 at Daytona in July. Kansas, Dover, Pocono, and Michigan each have two events scheduled this season, with the first coming our way in May and June. Think about that, then tell me “how bad have you got it?” Exactly.

    Talladega could not come at a better time. Here is to the hot action for our Hot 20 in Alabama on Sunday afternoon.

    1. BRAD KESELOWSKI – 2 WINS – 327 PTS
    Junior might be the current King of Talladega, but with four wins Brad is the Crown Prince.

    2. JIMMIE JOHNSON – 2 WINS – 270 PTS
    When did they start painting the walls to look like Junior’s car?

    3. KYLE LARSON – 1 WIN – 398 PTS
    “I would race a lot more if I was allowed to. That’s why I feel like I’m the last true racer.”

    4. MARTIN TRUEX JR. – 1 WIN – 358 PTS
    Having a decent season, but imagine how good it would be if not for all those damned penalties.

    5. JOEY LOGANO – 1 WIN – 333 PTS
    Joey is sad. He heard Rowdy got a commitment line penalty at Richmond. The tears are flowing.

    6. RYAN NEWMAN – 1 WIN – 225 PTS
    In 30 starts, just five Top Fives, with his best being third eight years ago. You can save on the suds.

    7. KURT BUSCH – 1 WIN – 192 PTS
    When it came to Dale Earnhardt and Mr. Busch, oh well-a bird, bird, bird; bird is a word.

    8. CHASE ELLIOTT – 346 PTS
    Driving for Hooters this weekend. Make up your own joke.

    9. KEVIN HARVICK – 286 PTS
    Bloomin’ good result resulted in Outback Steakhouse giving away Bloomin’ Onions. Really.

    10. JAMIE MCMURRAY – 282 PTS
    Jamie only wins on the biggest stages. This would be one of them.

    11. CLINT BOWYER – 266 PTS
    Not as vile as Colbert, but he can sometimes string together some hot phrases on the radio.

    12. KYLE BUSCH – 235 PTS
    Five minutes. No crews, no officials, no cameras. Just five minutes is all he asks.

    13. DENNY HAMLIN – 231 PTS
    With Kyle, Denny, and Matt all here, the lack of Joe Gibbs wins is truly a non-story.

    14. RYAN BLANEY – 229 PTS
    Only five points earned over the past two events, with four of the past six outside the Top 20.

    15. TREVOR BAYNE – 216 PTS
    Still only one Cup win to his credit, but if you have to win just one…he picked well.

    16. RICKY STENHOUSE JR. – 201 PTS
    Joining Martin and Sherry, along with a host of others, in Catwalk for a Cause later this month.

    17. ERIK JONES – 193 PTS
    Lasted less than five laps last week, earned just one point. Talladega just has to be better.

    18. MATT KENSETH – 192 PTS
    Richmond was a race that proved to be 237 laps too long. Before that, he had a very nice day.

    19. ARIC ALMIROLA – 189 PTS
    The “other” drivers with more than one win in the No.43…Bobby Hamilton (2) and Jim Paschal (2).

    20. KASEY KAHNE – 179 PTS
    Krispy Kasey Kahne went cycling last week and, as Gollum might say, “It burns us.”

  • Brian France responds to decline in ratings and attendance

    Brian France responds to decline in ratings and attendance

    Brian France responded to concerns regarding continual declines in ratings and attendance saying they “could always be better,” but NASCAR is “pleased with where we’re at.”

    Speaking to the media in the deadline room at Homestead-Miami Speedway, the chairman and CEO of NASCAR was asked, given the decline in ratings for most of the Chase races and few races being sellouts, if he believed this Chase format was resonating with fans.

    “Yeah, you’re seeing TV ratings slide all over the place in sports, right? You’re seeing all kinds of things happen in TV ratings,” France said. “The big events, they go one way, the digital audience is consuming things different. We’re no different from that. It’s not a surprise on that.

    “Attendance has been fine. We’ve come off weather issues like we did in Phoenix a year ago. We don’t have Jeff Gordon and Dale Earnhardt. Needless to say, there’s going to be a little impact there.

    “(Indiscernible) huge crowd. It could always be better, but we’re pleased with where we’re at.”

    NASCAR television ratings have declined dramatically from their peak in 2005. This season alone, ratings are down six percent from last season (Forbes).

    According to Sports Media Watch, 21 of 30 (six races affected by rain weren’t included) races have hit multi-year lows. That includes seven of the nine Chase races run so far (the rain affected races at Charlotte and Texas weren’t included).

    Attendance also appears shaky, but it’s hard to measure since NASCAR stopped releasing official attendance figures for races since the conclusion of the 2012 season.

    The declines in viewership, be it attendance or television, isn’t exclusively a NASCAR problem. It’s plagued all professional sports in the United States. The NFL most notably, which for the longest time has withstood any damage of the 2008 economic recession, has seen significant declines in television viewership this season.

    But it’s one that’s hit NASCAR the hardest of any sport.

    Ratings and attendance is important to teams when looking for sponsorship. When Bob Pockrass asked about this, however, France seemed rather annoyed by it and actually interrupted his question.

    “Let me stop you,” he said. “Maybe what you don’t realize, or maybe you to realize, we report our attendance, right? We have publicly traded companies. We don’t have publicly financed facilities for the most part. All the other leagues have that benefit, so they can discount tickets, give them away. That’s not reported. So we’re in a little bit of a double standard on that, number one.

    “Number two, we are still very pleased with our position in sports. The audience isn’t going away at all. It’s sliding to different places, consuming in different ways.

    “I would tell you some other leagues that have 30% drop‑offs, they didn’t lose 30% of their audience from one moment to the next, that audience is just sliding and consuming in some different ways. Our digital consumption is off the charts.

    “I want to tell you a little something. I watched the other day, as an example, I’m a sportsfan, so I watched a Duke Blue Devils game, after they had played, in like a six‑ or seven‑minute recap of the game. It was pretty good. Maybe it was a little longer than that. I didn’t watch the game on TV, but I watched it fairly intense with my laptop.

    “So things are happening and sliding and moving around. It will all work out. Sports, in the end, us included, will always have a huge, big audience. So whether ratings are sliding over here, spiking at times over here, that will all work out.”