Wednesday, June 25, 2008

Case#: 1-08-cv-05276-DAB
a/k/a Grant v. National Association for Stock Car Racing, Inc.

Before you start sharpshooting, I do indeed know that the official name of NASCAR is the National Association for Stock Car Auto Racing. This is the case number and title of the multi million dollar civil rights case filed in the US District Court for the Southern District of New York on June 10th. I have a PDF of the unfiled complaint, which does not have that case number. Grant is a female African American who makes a lot of allegations against her former Nationwide (at the time, Busch) Series officials. (I suspect the filed complaint differs little, if not at all, from the unfiled complaint which is available from a number of sites. (Our partner, Google, can help with that search if you are interested).
I am not in the business of reporting about unfiled allegations. However...what I saw in the complaint could have a very chilling effect on the future of NASCAR, if the case comes to a jury trial. This is a civil trial, which means that a "preponderance of evidence" is necessary for a party to prevail, unlike a criminal trial, where the prosecution must prove their arguments beyond a reasonable doubt. Ms Grant has the services of Morelli Ratner PC (Martha Martin McBrayer is the lead attorney) as the plaintiff; defendant NASCAR has retained Jackson Lewis LLP of White Plains (with lead attorneys Greg Anthony Riolo and Michael Frankel) to represent them in court. Judge Deborah A. Batts has been assigned to hear the case. Once I see the filed complaint, and compare that to the unfiled complaint, I'll most certainly have some comments, either on Race-Talk, and most definitely here.
Foley Square is not too far from Staten Island, where the idea of a NASCAR track was shot down by angry citizens. If you are trying to drive in Manhattan around the Waldorf-Astoria (site of the NASCAR Sprint Cup Awards banquet) you'll let a cuss word or twelve fly when traffic is blocked up for a photo op during early December. Unlike the company town of Daytona Beach, or even perhaps Charlotte, New York City is one of the least friendly venues for NASCAR in general; though there are significant numbers of individual fans who reside amongst the five boroughs and suburbs.
You will see some reporting on this case in the mainline auto racing media...but it won't be done with the same zeal exhibited when a star decides to switch teams. Bloggers are weighing in on either side...with most of the comments I've seen lining up squarely behind Ms Grant.
Reading a legal complaint is not beach reading. It takes a lot of concentration and also takes an eye for details. Details are what will establish a preponderance of evidence.
I didn't want you to think I was going to sweep this under a rug--you deserve better than that, and I will do my best to understand and follow developments in this case.
We'll rejoin you from Richmond, VA this weekend with IndyCar action, and comments.

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